Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59289 of 2022 Arising Out of PS. Case No.-141 Year-2022 Thana- SINGHESHWAR District- Madhepura ====================================================== 1.

Rupesh Kumar Son Of Rambilash Mandal R/O Village- Khawaspur, Kauwachar, Ward No.05, P.S.- Simraha, District- Araria, Bihar 2.

Munna Kumar Singh Son Of Late Devnath Singh R/O Village- Saurgaon, Ward No.03, P.S.- Kursakanta, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Singheshwar P.S. Case No. 141 of 2022 registered for the offence under Sections 25(1-b)a, 26, 35 of the Arms Act and Sections 20(b)(ii)(B) of the N.D.P.S. Act.

Prosecution case relates to recovery of six live cartridge from the possession of co-accused Sunil Kumar and 300 gm ganja/contraband substance which was kept under neath of the motorcycle.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. Petitioners have no

Patna High Court CR. MISC. No.59289 of 2022(2) dt.07-02-2023 2/2 concern with the alleged recovery of ganja/contraband substance or with the live cartridges. The vehicle from where the recovery has been made is owned by co-accused namely, Sunil Kumar. It is further submitted that the recovery of ganja is lesser than small quantity as per the N.D.P.S. Act. The petitioners are languishing in judicial custody since 10.6.2022. 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 petitioners on bail. The above named petitioners are directed to be released on bail in connection with N.D.P.S. Case No. 25 of 2022 arising out of Singheshwar P.S. Case No. 141 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-V-cum-Special Judge Excise Act 1st, Madhepura /concerned Court.

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