Rupesh Kumar @ Rupesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63505 of 2023 Arising Out of PS. Case No.-95 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== Rupesh Kumar @ Rupesh Yadav S/O Tutu Yadav R/O Village- Noorpur, Nathnagar, PS. Madhusudanpur, Dist. Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered under Section 20/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 25(1-b)a/26 of the Arms Act.

3. The prosecution case, in short, is that the police, on receipt of secret information, raided at Nathnagar Station and saw the petitioner was going to S.R. School side hanging a bag with him. On seeing the police party, he tried to escape unsuccessfully. On search of the bag, 1.164 gram Ganja was recovered along with one country made pistol and one live cartridge.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.02.2021. Charge-sheet has

Patna High Court CR. MISC. No.63505 of 2023(2) dt.10-10-2023 2/2 been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that 1.164 gram of Ganja along with one country made pistol and one live cartridge have been recovered. The recovered Ganja is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. There is also no compliance of Section 100 Cr.P.C. in respect of offence under the Arms Act.

5. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

6. Considering the aforesaid facts and circumstances, it is directed that 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 Court below/concerned Court in connection with Nathnagar P.S. Case No. 95 of 2021.

(Sudhir Singh, J) rishi/- U T