Sumit Kumar @ Pilla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52516 of 2022 Arising Out of PS. Case No.-238 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Sumit Kumar @ Pilla S/O Tanik Singh Resident Of Village- Khutha Dih, P.S.- Baraihiya, District- Lakhisarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a, 26, 35 of the Arms Act and Sections 20/22 of the N.D.P.S. Act. Prosecution case relates to recovery of one country made pistol along with two live cartridges from the possession of this petitioner and other incriminating weapons and 1.5 kg ganja were also recovered from the possession of other co-accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner has no concern with the alleged recovery of ganja or with the incriminating

Patna High Court CR. MISC. No.52516 of 2022(3) dt.17-01-2023 2/2 weapons. Except that, nothing incriminating article has been recovered from conscious or constructive possession. It is further submitted that the petitioner is languishing in judicial custody since 22.3.2021.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with N.D.P.S. Case No. 7 of 2021 arising out of Begusarai Town P.S. Case No. 238 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1, Begusarai. (Sunil Kumar Panwar, J) shubham/- U T