Sonu Kumar @ Kunal Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48439 of 2022 Arising Out of PS. Case No.-118 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SONU KUMAR @ KUNAL KUSHWAHA S/o DILIP KUMAR Resident of Village- Tarma Ward No.-1, P.S.- Kanti, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 8 and 20 (b) (ii) (B) of the N.D.P.S. Act and 25(1-B)(a), 26 and 35 of the Arms Act. As per the prosecution case, a country-made pistol, eight cartridges and 130 gms of Charas like substance were recovered from the possession of the petitioner and 120 gms of Charas was recovered from the possession of the co-accused Vishal Kumar.

Patna High Court CR. MISC. No.48439 of 2022(2) dt.08-12-2022 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the recovered quantity of contraband is more than small quantity but less than the commercial quantity. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.02.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that a countrymade pistol, eight cartridges and Charas weighing 130 gms were recovered from the possession of the petitioner. Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur, in connection with Ahiyapur P.S. Case No.118 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T