Petitioner applied for bail in a case involving offences under NDPS Act and Arms Act. Court considered allegations of false implication and lack of antecedents. Bail granted on furnishing bond with sureties.
Petitioner enlarged on bail by furnishing bond of Rs. 10,000 and two sureties of like amount to Additional Sessions Judge, Patna.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13543 of 2023
Arising Out of PS. Case No.-609 Year-2022 Thana- DANAPUR District- Patna
======================================================
MUKESH KUMAR S/o Chandsi Rai R/o Village- Hawaspur, P.S.- Sahpur, Distt- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Kumari Jyoti For the Opposite Party/s : Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
6 13-09-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 21(b) of NDPS Act and Section 25(1-b)a/26 of the Arms Act.
As per allegation in the FIR, on getting secret information police party proceeded towards place of occurrence, and apprehended the petitioner. On search, a loaded country made pistol was recovered from his waist and another recovered pistol was kept below his pillow and 3.06 gram smack packed in 18 sachets were also recovered.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this Case. The
Patna High Court CR. MISC. No.13543 of 2023(6) dt.13-09-2023 2/2
recovered article comes below the commercial quantity. Petitioner has got no criminal antecedent and languishing in judicial custody since 1.07.2022.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge XIII, Patna in connection with Special Case No. 132 of 2022 (NDPS)/99/22.
(Sunil Kumar Panwar, J)
sushma/- U
2 issues framed by the court
Whether the petitioner is eligible to be enlarged on bail in a case involving NDPS and Arms Act offences.
Whether the quantity of narcotics and seized arms attractions bailable or non-bailable provisions warrant bail.
2 provisions across 2 enactments
Mukesh Kumar
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
