Patna High CourtCR. MISC./63052/2021bail granted

Sudhansu Kumar @ Sonu Kumar v. The State Of Bihar

2022-02-18Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63052 of 2021 Arising Out of PS. Case No.-418 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Sudhansu Kumar @ Sonu Kumar S/o Lalan Kumar Jha R/o Village-Sour Bazar, Ward No.17, District-Saharsa, At Present R/o Village And P.O.-Sahpur, Ward No.5, P.S-Sonbarsa Raj, District-Saharsa, Pin Code-852129. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-02-2022 Heard learned counsel for the petitioner and Smt. Sucheta Yadav, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks regular bail in connection with Begusarai Town P.S. Case No. 418 of 2021 instituted for the offences under Sections 275, 276 and 34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016, Sections 227 (b) (ii) and 28 and 27 (d) of the Drugs and Cosmetic Act and Sections 8(c) and 21(c) of the N.D.P.S. Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 06.07.2021, is a person with clean antecedent and charge-sheet has been submitted in the case.

Patna High Court CR. MISC. No.63052 of 2021(3) dt.18-02-2022 2/3 Learned counsel for the petitioner submits that allegation is of recovery of 331 bottles of codiweall from the house of Gunjan Singh where the petitioner is alleged to have been standing outside his house and on seeing the police, the petitioner along with other accused persons started fleeing but he was apprehended.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case, he was merely standing outside the house of Gunjan Singh and the police, based on suspicion, arrested him. It is further submitted that codiweall is not a narcotic and similarly situated co-accused have been granted bail vide order dated 24.12.2021 in Cr. Misc. No. 52964 of 2021 (Md. Danish), order dated 24.12.2021 in Cr. Misc. No. 51197 of 2021 (Raushan Kumar) and order dated 24.12.2021 in Cr. Misc. No. 52179 of 2021 (Murari Kumar). Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 06.07.2021, charge-sheet has been submitted in the case, the petitioner is a person with clean antecedent and similarly situated co-accused have been granted bail, let the petitioner above named be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.63052 of 2021(3) dt.18-02-2022 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Begusarai in connection with Begusarai Town P.S. Case No. 418 of 2021.

(Satyavrat Verma, J) Rishi/- U T