Patna High CourtCR. MISC./65001/2021bail rejected

Rakesh Kumar v. The State Of Bihar

2022-04-01Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65001 of 2021 Arising Out of PS. Case No.-603 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== RAKESH KUMAR Son of Late Bharat Ray Resident of Village - Madhopur Hazari, P.S.- Sahebganj in the Distt. of Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Mr. Ramchandra Singh ====================================================== 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.

The petitioner seeks bail in a case registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code read with Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 8, 20 and 22 of the NDPS Act. Learned counsel for the petitioner submits that petitioner is in custody since 30.11.2020 and chargesheet has been submitted. Petitioner has antecedent of eight cases. Learned counsel for the petitioner submits that allegation is of recovery of 500 grams of Charas as well as mobile from the petitioner and recovery of arm is from other co-accused.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.65001 of 2021(2) dt.01-04-2022 2/2 petitioner has been falsely implicated in the present case and nothing has been recovered from the conscious possession of the petitioner.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner and submits that there is allegation of recovery of 500 grams of Charas from the petitioner which less than commercial quantity but much more than small quantity.

Considering the nature of allegation and the submission made by learned A.P.P. for the State, this Court, for the present, is not inclined to grant bail to the petitioner. Hence, prayer for bail of the petitioner is rejected. (Satyavrat Verma, J) Ankit/- U