Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65428 of 2021 Arising Out of PS. Case No.-560 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== KRISHNA KUMAR Son of Kishori Ram Resident of Village - Kanti Harijan Tola, P.S.- Kanti, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Anurag Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code, Sections 25(1-B)a, 26 and 35 of the Arms Act, Sections 8(c), 21(b) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Learned counsel for the petitioner submits that the petitioner is in custody since 02.09.2021, is a person with clean antecedent and charge-sheet has been submitted. Allegation against the petitioner is of recovery of one loaded country made pistol, one country made pistol along with two cartridges and 100 grams Smack were recovered from possession of Raju Kumar @ Raja Babu, 50 grams Smack was recovered from

Patna High Court CR. MISC. No.65428 of 2021(2) dt.01-04-2022 2/2 possession of Monu Kumar and one loaded country made pistol was recovered from possession of Md. Anshu Khan.

Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that as far as this petitioner is concerned only one loaded country made pistol was recovered and as far as allegation of recovery of narcotics is concerned, the same is from other co-accused. Learned counsel further submits that the petitioner has been falsely implicated in the present case and is a person with clean antecedent. 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 02.09.2021, is a person with clean antecedent and charge-sheet has been submitted, let the petitioner above named be released on bail on furnishing bail bond 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 Kanti P.S. Case No. 560 of 2021.

(Satyavrat Verma, J) Kundan/- U T