Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58628 of 2022 Arising Out of PS. Case No.-171 Year-2021 Thana- BRAHMPURA District- Muzaffarpur ====================================================== SONU KUMAR Son of Late Lakhindra Sahni R/O Vill.- Imali Chauk, Dadar, Kolhua Paigambarpur, P.S.- Ahiyapur, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.II :

Mrs. Priyanak Kumari, Kumari Rupa, Adv For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 414 of the Indian Penal Code and Sections 8, 20, 22 of the N.D.P.S. Act. As per prosecution case, 1kg opium was recovered from the possession of co-accused Dinesh Sahni who disclosed the name of the petitioner as his associate.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner has no concern with the alleged recovery of opium and Neither the petitioner was arrested on spot nor any incriminating article has been

Patna High Court CR. MISC. No.58628 of 2022(2) dt.02-02-2023 2/2 recovered from his conscious possession. The name of the petitioner came into light on the basis of confessional statement of co-accused namely, Suresh Kumar Gupta who has already been granted bail by a coordinate Bench of this court vide order dated 8.7.2022 in Cr. Misc. No. 12934 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 25.8.2021.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with N.D.P.S Case No. 81 of 2021 arising out of Brahmpura P.S. Case No. 171 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Muzaffarpur.

(Sunil Kumar Panwar, J) amandeep/- U T