Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52448 of 2017 Arising Out of PS.Case No. -262 Year- 2017 Thana -ARA NAWADA District- BHOJPUR ====================================================== Birendra Kumar s/o Sri Sanjay Prasad, R/o Village- Dharahara Ram Bagh, P.S.- Ara Town, District- Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 25-01-2018 Heard learned Counsel for the petitioner and the learned Counsel for the State.

Petitioner, already in custody, seeks bail in Ara Nawada PS Case No. 262 of 2017, NDPS Case No. 24 of 2017, registered under Sections 8(c), 21(b), 27(A) and 29 of the NDPS Act. The allegation in brief is that 100 grams of Heroin was recovered from the rented house of Sanjay Prasad, it is alleged in the FIR that he was selling contraband in association with his daughter Punam Singh.

Submission is that the petitioner is not named in the FIR, though he is son of Sanjay Prasad, the FIR named accused, who lives separately in a rented house whereas the petitioner lives in the ancestral house. Later on Sanjay Prasad has disclosed in his confessional statement that the petitioner was also involved and except that there is no other material. The petitioner is a student and has no criminal antecedent.

Having considered the said facts and circumstances, the petitioner Birendra Kumar is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two

Patna High Court Cr.Misc. No.52448 of 2017 (3) dt.25-01-2018 sureties of the like amount each to the satisfaction of Sessions Judge, Bhojpur at Ara in connection with Ara Nawada PS Case No. 262 of 2017, NDPS Case No. 24 of 2017.

(Arun Kumar, J.) Snkumar/- U T