Basawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60228 of 2022 Arising Out of PS. Case No.-324 Year-2022 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Basawan Kumar S/O Achhelal Rai Resident of village- Bishunpur Giddaha, P.S.- Maniyari, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kishor, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-03-2023 Let the defects, if any, pointed out by the office be removed within four weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Sadar P.S. Case No. 324 of 2022 (NDPS Case no. 136 of 2022) registered for the offences punishable under Sections 399, 402, 414 of Indian Penal Code and Sections 25(1-b)a, 26, 35 of Arms Act as well as Sections 8(C) and 21(b) of NDPS Act.

As per the prosecution, police personnel on secret information raided the alleged place and apprehended this

Patna High Court CR. MISC. No.60228 of 2022(3) dt.24-03-2023 2/3 petitioner alongwith other co-accused persons and from the possession of this petitioner recovered one mobile phone and from the possession of co-accused persons other incriminating articles like country made pistols etc. were recovered. The main submissions advanced by learned counsel for petitioner are that the petitioner has fair and clean antecedent and as per the FIR one mobile phone is stated to have been recovered from the possession of this petitioner when he was arrested alongwith other co-accused persons and he has been languishing in jail since 11.06.2022 and the alleged fire-arms as well as contrabands were recovered from possession of other co-accused who were apprehended at the spot and petitioner is registered owner of one of the six motorcycles which were seized at the spot. Further submission is that the petitioner is very young person.

Learned APP for the State has opposed the bail prayer. In view of the facts, as stated above and mainly taking into account the petitioner's fair and clean antecedent and his young age, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.60228 of 2022(3) dt.24-03-2023 3/3 satisfaction of concerned Court in connection with Sadar P.S. Case No. 324 of 2022 (NDPS Case no. 136 of 2022). (Shailendra Singh, J) Shahnawaz/- U T