Patna High CourtCR. MISC./72374/2024allowed

Dhiraj Kumar v. The State Of Bihar

2024-10-07Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72374 of 2024 Arising Out of PS. Case No.-260 Year-2024 Thana- KANTI District- Muzaffarpur ====================================================== Dhiraj Kumar, S/o Gopal Thakur, R/o Village- Narainpur, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act and Section 8 and 20(B)iiC of the N.D.P.S. Act.

3. The case of the prosecution is that two live cartridges and one broken mobile were recovered from the possession of this petitioner and from possession of one Aman Ojha, 1Kg and 130 grams of charas was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. No contraband has been recovered from his conscious

Patna High Court CR. MISC. No.72374 of 2024(2) dt.07-10-2024 2/2 possession. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is languishing in judicial custody since 28.05.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS, Court No.II, Muzaffarpur in connection with Kanti P.S. Case No. 260 of 2024.

(Ashok Kumar Pandey, J) lata/- U T