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Patna High CourtCR. MISC./65374/2022allowed

Mohan Kumar @ Maurya v. The State Of Bihar

2023-08-09Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65374 of 2022 Arising Out of PS. Case No.-310 Year-2021 Thana- PHULWARIYA District- Gopalganj ====================================================== MOHAN KUMAR @ MAURYA Son of Ram Bhajan Singh R/o Village - Sahpur Parohi, P.S.- Bibhutipur, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Giri For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-08-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Phulwaria P.S. Case No. 310 of 2021 corresponding to trial No. 47 of 2021 registered for the offence under Section 414 read with Section 34 of the Indian Penal Code and under Sections 20(b)(ii)(c), 25 and 27 of the NDPS Act and under Sections 25 (1)(a)/25 (1AA)/25 (1B)(a)/ 26(i)/ 26(2) and 35 of the Arms Act.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to the enmity of the petitioner with the local police.

Patna High Court CR. MISC. No.65374 of 2022(7) dt.09-08-2023 2/2

5. Learned counsel for the petitioner also submits that the petitioner is in custody since 02.09.2021.

6. Learned A.P.P. has vehemently opposed the prayer for bail.

7. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge, 1st -cum-Special Judge (NDPS), Gopalganj in connection with Phulwaria P.S. Case No. 310 of 2021 corresponding to trial No. 47 of 2021. (Sandeep Kumar, J) Vikas/- U T