Patna High CourtCR. MISC./77071/2023bail granted

Karan Kumar v. The State Of Bihar

2024-01-03Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77071 of 2023 Arising Out of PS. Case No.-207 Year-2023 Thana- JAKKANPUR District- Patna ====================================================== Karan Kumar Son Of Dinesh Jha Resident Of Mohalla - Near Shiv Mandir, Sabji Mandi, Chiraiyatar Pul, Police Station - Jakkanpur, District - Patna. Permanent Address - Resident Of Village - Makragpur, P.S. - Bahera, District - Darbhanga ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Mr. Imran For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Special (NDPS) Case No. 109A of 2023 arising out of Jakkanpur P.S. Case No. 207 of 2023 dated 01.04.2023 registered for the offences punishable under Sections 8(c) and 21b of the NDPS Act and Sections 25(1-b)a, 26 and 35 of the Arms Act.

4. As per the prosecution case, one country-made

Patna High Court CR. MISC. No.77071 of 2023(2) dt.03-01-2024 2/3 sixer with one cartridge and 70 packets containing brown sugar weighing 31.500 grams were recovered from the possession of the co-accused Kanhaiya Kumar who disclosed the name of the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Nothing has been recovered from the conscious possession of the petitioner. The seized contraband is less than commercial quantity.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory 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 concerned, Patna in connection with Special (NDPS) Case No. 109A of 2023 arising out of Jakkanpur P.S. Case No. 207 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.77071 of 2023(2) dt.03-01-2024 3/3

8. The application stands allowed.

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