Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62506 of 2021 Arising Out of PS. Case No.-40 Year-2021 Thana- CHHATAUNI District- East Champaran ====================================================== Prem Kumar Son of Vinod Ram Resident of Village- Kharua Chainpur, P.S. - Kundwa, Chainpur, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyesh Kumar, Adv.

For the Opposite Party/s :

Mr. Anil Kumar Singh No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with N.D.P.S. Case No.13 of 2021 arising out of Chhatauni P.S. Case No. 40 of 2021, lodged under Sections 399, 402, 414 of the Indian Penal Code read with Section 8/20 (b) (ii) (c) of the NDPS Act and Section 25(1-b)a, 26, 35 of the Arms Act. As per allegation made in the F.I.R., there were 6 named accused persons in this case, petitioner is one of them. The allegation against the petitioner was that he was fleeing by motorcycle, upon chase the said motorcycle become subject to accident and arms alongwith N.D.P.S. material were recovered

Patna High Court CR. MISC. No.62506 of 2021(4) dt.10-10-2022 2/2 from the said motorcycle. The total materials recovered was one desi katta, one live cartridge and 1.200 Kg. Charas from the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 07.02.2021 and there is one criminal case pending against him. He further submits that petitioner is ready to fulfill all the conditions, whatsoever shall be imposed upon him.

Learned counsel for the State opposes the prayer for bail and submits that the recovery of arms as well as N.D.P.S. material has took place from the motorcycle on which the petitioner was trying to flee away. He also narrates that the said recovery of Charas is more than commercial quantity having 1.200 Kg. of Charas.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner and his bail application is hereby rejected. (Dr. Anshuman, J.) ritik/- U T