Dev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68631 of 2021 Arising Out of PS. Case No.-131 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== DEV KUMAR Son of Rajendra Sahni Resident of Village - Kanti, Ward No. 8, P.S. - Kanti, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Dev, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 399, 400 and 402 of the Indian Penal Code, sections 25(1-B)(a), 26 and 35 of the Arms Act and sections 20 and 22 of the NDPS Act. As per the prosecution case, on information having been received about the accused persons having gathered and planning to give effect to an occurrence, it is stated that a raid was conducted. From the possession of the petitioner one loaded country-made pistol and a live cartridge was recovered while charas and arms were recovered from the possession of co-accused.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his pos-

Patna High Court CR. MISC. No.68631 of 2021(2) dt.17-05-2022 2/2 session. He has been falsely implicated in the case. He is in custody since 23.2.2021 and chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR together with the petitioner having remained in custody for 1 year, the petitioner is directed to be enlarged on bail in connection with N.D.P.S. Case no. 16 of 2021 (arising out of Kanti P.S. Case no. 131 of 2021) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 5th Addl. Sessions Judge, Muzaffarpur.

(Partha Sarthy, J) Spd/- U T