Ashutosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81390 of 2023 Arising Out of PS. Case No.-171 Year-2022 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Ashutosh Kumar Singh S/O Sanjay Kumar Singh Village- Hasanpur Bairiya, Ps.Kundwa Chainpur, Dist. East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 25(1-B) a, 26, 35 of the Arms Act and Sections 20(b)(ii)(c)/23(c)/25 of the N.D.P.S Act.

There is recovery of one country made pistol and 1 live cartridges from the possession of the petitioner.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.81390 of 2023(2) dt.20-12-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized arms or the contraband as 1.5 Kgs of Charas was recovered from the possession of co-accused Aman Kumar. The petitioner is languishing in custody since 28.08.2022. A statement has been made in para 3 of the petition that petitioner is accused in two other cases apart from the present one. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 12th Additional Sessions Judge, East Champaran, Motihari in connection with N.D.P.S Case No. 79 of 2022, arising out of

Patna High Court CR. MISC. No.81390 of 2023(2) dt.20-12-2023 3/3 Kundwa Chainpur P.S. Case No. 171 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T