Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70924 of 2021 Arising Out of PS. Case No.-560 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== Monu Kumar Son of Ramdev Mahto Resident of Village- Sain, Neem Chak, P.S.- Kanti, District- Muzaffarpur, Bihar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Kanti P.S. Case No. 560 of 2021 registered under Sections 399, 402 of the Indian Penal Code read with Sections 25(1-B)a, 26, 35 of the Arms Act and Sections 8(c), 21(b) and 22(c) of the N.D.P.S. Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 02.09.2021, is a person with clean antecedent, charge-sheet has been submitted in the case and allegation is of recovery of arms and smack from the accused persons and from the petitioner it is alleged that 50 gm smack was recovered.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and

Patna High Court CR. MISC. No.70924 of 2021(2) dt.17-05-2022 2/2 nothing was recovered from his possession, even presuming what is alleged to be true without admitting for the purpose of bail then this is the first offence of the petitioner and the alleged recovery is less than commercial quantity.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner and submits that there is allegation of recovery of 50 gm of smack from the petitioner which is more than small quantity.

Considering the submission made by learned A.P.P. for the State, the court, for the present, is not inclined to grant bail to the petitioner.

(Satyavrat Verma, J) ved/- U T