Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7034 of 2024 Arising Out of PS. Case No.-1057 Year-2023 Thana- SONEPUR District- Saran ====================================================== Mukesh Kumar S/o Late Hareshwar Rai R/o vill- Sabbalpur Hastitiola PSSonpur Dist-Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manjeet Kumar Bishen For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Sonpur P.S. Case No.1057 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act and Section 25(1-b)a, 26 and 35 of the Arms Act and Sections 20(ii) (B)/22 of the NDPS Act.

3.

As per FIR, there is recovery of one country made pistol along with two live cartridge and 1 kg. of contraband like Ganja, 2 litres of illicit liquor, etc. from the

Patna High Court CR. MISC. No.7034 of 2024(2) dt.13-02-2024 2/3 house of the other co-accused person, namely, Rakesh Kumar. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that alleged recoveries were not made from conscious physical possession of the petitioner rather the same were recovered from the house of brother of the petitioner, namely, Rakesh Kumar, who is living separately. It is further submitted that the petitioner has no concern with the alleged recoveries. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 09.11.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Sonpur P.S. Case No.1057 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court below, Saran at Chapra/concerned court.

7.

However, the trial court is directed to

Patna High Court CR. MISC. No.7034 of 2024(2) dt.13-02-2024 3/3 conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order.

(Ramesh Chand Malviya, J) S.Katyayan/- U T