Ankush Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62999 of 2023 Arising Out of PS. Case No.-144 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== Ankush Kumar S/O Shishupal Patel R/O Village- Hindu Chakiya Ward No. 12, Ps. Chakia, Dist. East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Bhushan Pandey For the Opposite Party/s :
Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 25(1-B)a, 26 and 35 of the Arms Act and Sections 8, 20(B)(ii)(C), 22 and 24 of the N.D.P.S. Act.
3. As per prosecution case, on receiving secret information that some miscreants are assembled in Hotal Grand and Marriage Hall, Chakia with a view to distribute money looted from the said Bank to commit another occurrence and in connection with illegal business of narcotic substances. Then the
Patna High Court CR. MISC. No.62999 of 2023(2) dt.10-10-2023 2/3 police party reached at that place and apprehended four persons and upon search there has been recovery of one mobile phone from the possession of the petitioner.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner has no concern with the alleged narcotics substance. From the perusal of the FIR, it is apparent that no incriminating article has been recovered from the possession of the petitioner rather incriminating/narcotics article have been recovered from the other co-accused persons. The provision of Section 100 of the Cr.P.C. and Section 50 of the N.D.P.S. Act have not been followed in this case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 20.04.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand
Patna High Court CR. MISC. No.62999 of 2023(2) dt.10-10-2023 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge/ Special Judge, East Champaran, Motihari in connection with Chakia P.S. Case No. 144 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T