Allowed

Mohit Kumar v. The State of Bihar

Patna HC17 Sept 2021CR. MISC./19149/2021

Case brief

AI extract

What is this about?

In bail application under Arms Act and N.D.P.S. Act, the Patna High Court granted regular bail to petitioners despite drug recovery from their vehicle due to lack of incriminating evidence on them, absence of criminal record, and prior bail of co-accused. Court fixed bail amount of Rs. 25,000 with sureties.

What did the court decide?

Two petitioners enlarged on bail in Kanti P.S. Case No. 668 of 2020 by furnishing bail bond of Rs. 25,000 each with two sureties of like amount.

Mohit Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19149 of 2021

¶2

Arising Out of PS. Case No.-668 Year-2020 Thana- KANTI District- Muzaffarpur

¶3

======================================================

¶4

MOHIT KUMAR SON OF SRI CHULHAI SAHNI

¶5

RATAN KUMAR SON OF SRI PAPPU SAHNI BOTH R/O VILLAGE- KAMALPUR, P.S.- PARU, DISTRICTMUZAFFARPUR.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr. Jai Prakash Verma, Adv. For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP

¶11

======================================================

¶12

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

¶13

2 17-09-2021 Heard learned counsel for the parties through video conferencing.

¶14

The petitioners have preferred this application for grant of regular bail in a case registered under sections 25(1-B) (a), 26 and 35 of the Arms Act and sections 20 and 22 of the N.D.P.S. Act.

¶15

As per the prosecution case, on the vehicle of the accused persons being stopped and searched, it is stated that about 400 gms of charas was recovered and the four accused persons including the two petitioners herein were taken into custody.

¶16

It is submitted by learned counsel for the

¶17

Patna High Court CR. MISC. No.19149 of 2021(2) dt.17-09-2021 2/2

¶18

petitioners that no incriminating article has been recovered from their possession or from the vehicle in which they were travelling. They have been falsely implicated in the case. They are in custody since 15.11.2020 and have no criminal antecedent under the N.D.P.S. Act. It is submitted that the other two coaccused namely Vakil Kumar and Rahul Kumar have been enlarged on bail vide orders contained in Annexure-2 series to this petition.

¶19

Heard learned A.P.P. for the State.

¶20

Having heard learned counsel for the parties and taking into consideration the facts of the case, the period in custody, chargesheet having been submitted in the case, the quantity of substance being less than the commercial quantity and grant of bail to the two co-accused, the Court directs the two petitioners to be enlarged on bail in connection with Kanti P.S. Case no.668 of 2020 on each of them furnishing bail bond of Rs.25,000/ (Rupees Twenty five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Muzaffarpur.

¶21

(Partha Sarthy, J)

¶22

Saurabh/- U T

Mohit Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mohit Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ranjeet Kumar Vs The State of Bihar

Rohit Kumar Vs the State of Bihar

Bambam Yadav Vs the State of Bihar

Jagdish Ram Vs the State of Bihar

Shashi Kumar @ Shashi Kumar Yadav Vs the State of Bihar

Sant Ram Vs The State of Bihar