Tuntun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72008 of 2021 Arising Out of PS. Case No.-86 Year-2021 Thana- MUZFFARPUR GRP CASE DistrictMuzaffarpur ====================================================== Tuntun Kumar S/o Kishan Sah R/o Muhalla- Maripur School Road, P.S.- Kazimohammadpur, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Shyameshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Rail (Muzaffarpur) P.S. Case No. 86 of 2021 registered under Section 401 of the Indian Penal Code read with Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act. Learned counsel for the petitioner submits that petitioner is in custody since 02.09.2021, charge-sheet has been submitted in the case, has antecedent of one case as stated in Supplementary Affidavit and the informant alleges that at Platform No. 6 at Muzaffarpur railway station two persons tried to flee on seeing the police. However one of them was caught on the spot and disclosed his name as Md. Sultan and from his possession one blade wrapped in piece of paper and 10 tablets of

Patna High Court CR. MISC. No.72008 of 2021(2) dt.12-05-2022 2/2 Ativan 1mg was recovered while other accused succeeded in fleeing and Md. Sultan disclosed his name as Tuntun. Learned counsel for the petitioner submits that petitioner admittedly was not apprehended from the place of the occurrence and nothing was recovered from the possession of the petitioner. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 02.09.2021, charge-sheet has been submitted in the case and was not apprehended from the place of occurrence and his name came in the confessional statement of co-accused, let the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rail (Muzaffarpur) P.S. Case No. 86 of 2021 with a condition that one of the bailors shall be the father of the petitioner namely Kishan Sah.

(Satyavrat Verma, J) ved/- U T