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Patna High CourtCR. MISC./23286/2018bail granted

Akash Kumar Gupta v. The State Of Bihar

2018-07-02Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23286 of 2018 Arising Out of PS.Case No. -511 Year- 2017 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Akash Kumar Gupta son of Pradeep Kumar Gupta, Resident of VillageKamal Nath Nagar, Police Station-Bettiah Town, District-West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

At the outset, the learned counsel for the petitioner seeks to make correction in paragraph no. 3 of the petition. Let the same be done during the course of the day. The petitioner seeks regular bail in connection with Bettiah Town P.S. Case No. 511 of 2017 for the offences punishable under Sections 20, 22, 23, 24, 25 and 29 of the NDPS Act.

The allegation is regarding recovery of 1 kg. of charas from the house of one Gyan Kumar and on his confessional statement, the petitioner and the other co-accused persons have been found to be having complicity in the matter.

Patna High Court Cr.Misc. No.23286 of 2018 (3) dt.02-07-2018 2/2 The learned counsel for the petitioner submits that only on account of some cases pending against the petitioner from before, the petitioner has been implicated in the present case on the confessional statement made by the said Gyan Kumar. It is further submitted that though the petitioner is having four cases against him from before, however, he is on bail in other cases and in the present case the petitioner has been named as an accused only on the basis of confessional statement of the aforesaid Gyan Kumar. The petitioner is stated to be in custody since 31.1.2018. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to 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 Sessions Judge, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 511 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T