Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61255 of 2021 Arising Out of PS. Case No.-102 Year-2021 Thana- MUSAHARI District- Muzaffarpur ====================================================== RAJU KUMAR S/O DIWARI SAH R/o village- Bariarpur, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code read with Sections 25(1-b)a, 26, 35 of the Arms Act and Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Learned counsel for the petitioner submits that the petitioner is in custody since 14.06.2021, is a person with clean antecedent and charge-sheet has been submitted. Allegation is of recovery of a mobile and a motorcycle from the petitioner while drugs is alleged to have been recovered from co-accused Niraj Kumar.

Learned counsel for the petitioner submits that from

Patna High Court CR. MISC. No.61255 of 2021(3) dt.24-03-2022 2/2 perusal of the allegation as alleged in the FIR, it would manifest that it records that from petitioner a yellow colour polythene bag was recovered in which some narcotic like substance was kept. Learned counsel further draws the attention of the Court to the later part of the FIR that from this petitioner one motorcycle along with a mobile is only alleged to have been recovered. Learned counsel further draws the attention of the Court to the seizure list at page 18 of the bail application and from perusal of the same, it would manifest that the alleged narcotic is alleged to have been seized from Niraj Kumar. Learned A.P.P.

for the State vehemently opposes the prayer for regular bail of the petitioner but is not able to meet the submissions of the learned counsel for the petitioner. Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted, let the petitioner above named 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 learned Court below where the case is pending in connection with N.D.P.S. Case No. 67 of 2001 arising out of Musahari P.S. Case No. 102 of 2021.