Lallu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80554 of 2018 Arising Out of PS. Case No.-397 Year-2018 Thana- RUPASPUR District- Patna ====================================================== Lallu Kumar son of Nandu Rai, resident of Chaika Tola, Khashpur P.s.- Maner, District- Patna.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Respondent/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed by the petitioner. Petitioner is in custody in connection with Special Case No. 104 of 2018 arising out of Rupaspur PS Case No. 397 of 2018 for the alleged offence under Sections 399, 402, 379 and 411of the Indian Penal Code, Sections 25(1-b)a, 26, 35 of the Arms Act and Sections 20/22 of the NDPS Act. Learned counsel for the petitioner would submit that the petitioner has no criminal antecedent. He submits that allegation against the petitioner is that during search 200 gm ganja was seized from below the seat of the motorcycle . He submits that allegation of carrying arms was levelled against Virgu Rai and Amarjit Kumar and not against the petitioner.

Patna High Court Cr.Misc. No.80554 of 2018(2) dt.15-01-2019 2/2 Considering the quantity of the ganja and the fact that the petitioner has no criminal antecedent and he is in custody since 14.09.2018, this application is allowed. Accordingly, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Addl. District and Sessions Judge-VII, Patna in connection with Rupaspur PS Case No. 397 of 2018.

(Anil Kumar Upadhyay, J) mrl./- U T