Sagar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48128 of 2019 Arising Out of PS. Case No.-122 Year-2019 Thana- KADAMKUAN District- Patna ====================================================== SAGAR KUMAR S/o Sanjan Sahni Resident of Mohalla- East Lohanipur, Bhushan Gali, P.S.- Kadamkuan, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Verma For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Spl. Case No.26 of 2019, arising out of Kadamkuan P.S. Case No.122 of 2019, registered under Section 414 of the Indian Penal Code besides Sections 20/22 of the N.D.P.S. Act.

The accusation is that in course of police patrolling duty, two persons were seen on motorcycle, who were apprehended and disclosed their name as Sonu Kumar alias Sonu Baba and Sagar Kumar (petitioner). The motorcycle was being driven by Sonu Kumar alias Sonu Baba. On query, they did not produce the paper of the motorcycle. On search, Sonu Kumar alias Sonu Baba was found in possession of some mobile sets and six pudias, containing white colour material like smack, whereas this petitioner was found in

Patna High Court CR. MISC. No.48128 of 2019(3) dt.04-12-2019 2/2 possession of some mobile sets and four pudias, containing white colour material like smack.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the petitioner was only found sitting on the motorcycle, which was being driven by Sonu Kumar alias Sonu Baba and the petitioner was found in possession of some mobile sets and four pudias, containing white colour material like smack but the weight of the seized material has not been given. The petitioner has no criminal antecedent and is in custody since 23.02.2019.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-XX, Patna, in connection with Spl. Case No.26 of 2019, arising out of Kadamkuan P.S. Case No.122 of 2019. Out of the two sureties, one must be either parents or the close relative of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T