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Patna High CourtCR. MISC./11749/2021allowed

Sonu Kumar @ Muniw v. The State Of Bihar

2021-07-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11749 of 2021 Arising Out of PS. Case No.-237 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== SONU KUMAR @ MUNIW Son of Fulena Singh Resident of Village-Ward No.-23, Madhurapur, South Tola, P.S.-Teghra, District-Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mohit Shriwastava, Adv.

For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. The petitioner seeks bail in connection with Teghra P.S. Case No.237 of 2020/G.R. No.2770 of 2020, registered for the offence punishable under Sections 18(A), 18(B), 18(C) of the Drugs and Cosmetic Act, 1940.

The prosecution case as alleged in the FIR is that on inspection of the premises of one Neetu Devi, three cartons of drugs were recovered and on investigation, she told that the same was kept in her house by the petitioner. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.11749 of 2021(2) dt.29-07-2021 2/2 petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence as alleged has ever taken place. He has been falsely implicated in this case. No incriminating article like drug or drug like substance has been recovered from the conscious physical possession of the petitioner. The petitioner has no concern with the place of recovery or the materials recovered. It is submitted that the arrested lady has named the petitioner at the instance of some enemies. There is no direct allegation against the petitioner. The said Neetu Devi has already been granted bail by the learned court below itself. The petitioner has no criminal antecedent and has been languishing in custody since 19.11.2020.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Begusarai in connection with Teghra P.S. Case No.237 of 2020/G.R. No.2770/20.

(Anjani Kumar Sharan, J) pallavi/- U T