This order grants regular bail to two petitioners in a criminal case involving recovery of narcotics and arms. The court allowed the petition following arguments of innocence and the prior bail grant to a co-accused.
Petitioners directed to be released on bail by furnishing bond of Rs. 10,000 each with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3079 of 2023
Arising Out of PS. Case No.-479 Year-2022 Thana- MALSALAMI District- Patna
======================================================
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Jay Ram Prasad For the Opposite Party/s : Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
4 17-07-2023
learned APP for the State.
The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 399, 402, 412 of the Indian Penal Code, Sections 8, 20(b)(ii)(B) of the N.D.P.S. Act and sections 25(1-b)a, 26, 35 of the Arms Act.
Allegation against the petitioners along with coaccused persons that while they were assembled and preparing for committing offence, the police party raided the place of occurrence and arrested them. On search, total 7.495 kg ganja, pistols, cartridges have been recovered from other co-accused persons and from possession of petitioner no.1,
Patna High Court CR. MISC. No.3079 of 2023(4) dt.17-07-2023 2/3
one knife & a mobile and from petitioner no.2, one country made pistol was recovered. Accordingly, the present FIR has been lodged.
Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They has falsely been implicated in this case. The petitioners have no concerned with the alleged arms or narcotic substance which were seized by the police. Similarly situated coaccused namely, Deepak Kumar has already been granted bail by this Court vide order dt. 26.6.2023 passed in Cr. Misc. No. 31974 of 2023. Moreover, the petitioners are languishing in judicial custody since 28.8.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge them on bail. The above named petitioners are directed to be released on bail in connection with Malsalami P.S. Case No. 479 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, XVIII,
Patna High Court CR. MISC. No.3079 of 2023(4) dt.17-07-2023 3/3
Patna District- Panta.
(Sunil Kumar Panwar, J)
Amandeep/-
U
2 issues framed by the court
Whether the petitioners should be granted regular bail in a case involving drug and arms recovery charges.
Whether the pendency of bail for a similarly situated co-accused is a relevant factor for this relief.
3 provisions across 3 enactments
Suraj Kumar
Jitendra 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
