Prabhat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57085 of 2022 Arising Out of PS. Case No.-471 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== PRABHAT KUMAR, Son Of Vinod Prasad @ Binod Prasad, R/O VillageShiwarahan Chaturhuj, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Advocate For the Opposite Party/s :

Ms.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 471 of 2022 registered for the offence punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act and Sections 8 and 20(b)(ii)(B) of the NDPS Act.

Altogether, some arms, ammunition and 1.625 Kgs of Ganja is the alleged recovery.

Learned counsel for the petitioner submits that from the petitioner there is alleged recovery of 175 grams of Ganja like substance only. The same is on the lower side of minimum quantity. Petitioner has no antecedents and he is in custody since 07.06.2022. Learned APP for the State has opposed the prayer for bail. Considering the quantum of recovery, clean antecedent of

Patna High Court CR. MISC. No.57085 of 2022(2) dt.19-01-2023 2/2 the petitioner and period of custody, this Court is inclined to allow the petitioner's prayer for bail.

Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Muzaffarpur, in connection with Ahiyapur P. S. Case No. 471 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shashank/- U T