Shravan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77094 of 2024 Arising Out of PS. Case No.-52 Year-2024 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== 1.

Shravan Kumar S/O Suresh Mandal R/O village - Tariyani Chapra, P. S - Tariyani Chapra, District - Sheohar 2.

Vikash Kumar S/O Suresh Mandal R/O village - Tariyani Chapra, P. S - Tariyani Chapra, District - Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-11-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Tariyani Chapra P.S. Case No. 52 of 2024 dated 15.06.2024 registered for the offence/s punishable under Sections 399 and 402 of the Indian Penal Code, under Section 20, 22, 23, 24, 27 and 29 of the NDPS Act and Section 25(1-B)a, 26 and 35 of Arms Act.

3. As per the prosecution case, one loaded country made katta, one screen touch mobile and 1.52 mg. smack from the possession of the co-accused, Raju Kumar, one

Patna High Court CR. MISC. No.77094 of 2024(2) dt.13-11-2024 2/3 loaded country made pistol and 1.52 mg. smack from the possession of the co-accused Suraj Kumar, one knife and 1.52 mg. smack from the possession of the co-accused Bhola Ram and 1.52 mg. smack from the petitioner no. 1 Shravan Kumar were recovered.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The seized contraband is of small quantity. The petitioners have no concern with the alleged recovery. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 15.06.2024. Similarly situated co-accused has already been granted regular bail by this court vide order dated 18.09.2024 passed in Cr. Misc No. 62366 of 2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to

Patna High Court CR. MISC. No.77094 of 2024(2) dt.13-11-2024 3/3 the satisfaction of learned Session Judge-cum-Special Judge (NDPS), Sheohar in connection with Tariyani Chapra P.S. Case No. 52 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T