Sunil Kumar @ Dhongal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20732 of 2018 Arising Out of PS.Case No. -139 Year- 2017 Thana -KHUSRUPUR District- PATNA ======================================================
1. Sunil Kumar @ Dhongal S/o Late Prahalad Singh, R/o Village- Berhana, P.S.- Barh, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Gupta For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner has been in custody since 19.07.2017 in connection with Khusrupur P.S. Case No. 139 of 2017 registered for the offences punishable under Sections 399/402/353/307/414/ of the Indian Penal Code and Section 25(1b)a,/26/27/35 of the Arms Act and Section 20/22 of the N.D.P.S. Act.
Learned counsel for the petitioner submits that while the petitioner was going on motorcycle he was apprehended on suspicion and the motorcycle of the petitioner had been seized. Save and except the said allegation, there is no further allegation against the petitioner. The Ganja, so seized, was recovered from
Patna High Court Cr.Misc. No.20732 of 2018 (3) dt.26-04-2018 2/2 the Bolero van and not from the motorcycle of the petitioner. It is submitted by the petitioner that he was on the motorcycle and not inside the Bolero van as has been alleged in the First Information Report.
Having considered the entire facts and circumstances of the case and also because vide order dated 08.03.2018 passed in Cr. Misc. No. 11738 of 2018, the co-accused persons have been extended the privilege of bail, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, X, Patna, in connection with Khusrupur P.S. Case No. 139 of 2017. (Anjana Mishra, J) Saif/- U T