Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61833 of 2021 Arising Out of PS. Case No.-160 Year-2021 Thana- MANIYARI District- Muzaffarpur ====================================================== SUMAN KUMAR Son of Umesh Prasad Resident of Village- Lucky Nandlalpur, P.S.- Kudhani (Turki O.P.), District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Parasmani For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in a case registered for the offences under Sections 20, 22, 8 of N.D.P.S. Act and Section 25(1-B)a, 26, 35 of Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 03.06.2021, he is a person with clean antecedent, charge-sheet has been submitted and allegation is of recovery of one loaded country-made pistol each from all the three accused including the petitioner along with 800 gram Ganja from the motorcycle.

The learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and nothing was recovered from his possession, and does not have any concern with the seized motorcycle or the arms, it is further

Patna High Court CR. MISC. No.61833 of 2021(2) dt.23-03-2022 2/2 submitted that even assuming what has been alleged is true then the recovery of Ganja was from the motorcycle which does not belong to the petitioner and the recovery was of less than small quantity, it is further submitted that petitioner is a person with clean antecedent and allegation is of recovery of country-made pistol from his possession.

The learned A.P.P. vehemently opposes the bail application.

Considering the fact petitioner is in custody since 03.06.2021, he is a person with clean antecedent, charge-sheet has been submitted and recovery of narcotic is less than small quantity and it is the first offence of the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum 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 Maniyari P.S. Case No. 160 of 2021.

The application stands allowed.

(Satyavrat Verma, J) sanjeev/- U T