Patna High CourtCR. MISC./7521/2024bail granted

Ravi Kant Kumar v. The State Of Bihar

2024-04-09Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7521 of 2024 Arising Out of PS. Case No.-169 Year-2023 Thana- DANAPUR RAIL P.S. District- Patna ====================================================== RAVI KANT KUMAR S/O SATYANARAYAN PRASAD R/O VILLAGESULEMANPUR, P.S- RAHUEE (RAHUI), DISTT.- NALANDA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tej Kumar Maharaj, Adv.

For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Spl. Case No.214 of 2023, arising out of Rail Danapur P.S. Case No.169 of 2023 lodged under Sections 8/20(b)(ii)(B) of the N.D.P.S. Act.

3. As per the prosecution case, the F.I.R. has been lodged against the petitioner against whom there is total recovery of 9.1 kg Ganja has alleged to be made, which is subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the said Ganja is below the commercial quantity, but higher than the smaller quantity. He further submits that the petitioner is ready to fulfill all the conditions whatsoever shall be imposed

Patna High Court CR. MISC. No.7521 of 2024(3) dt.09-04-2024 2/2 upon him.

5. Counsel for the petitioner submits that petitioner is in custody since 29.07.2023 having clean antecedent and charge-sheet has already been framed in this case.

6. Learned counsel for the State opposes the prayer for bail and submits that the quantity recovered is lesser than commercial quantity and higher than the small quantity.

7. Upon specific query whether charge has been framed or not. Counsel submits that as per his knowledge, charge has already been framed and evidence of one prosecution witness has taken place.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge-X, Patna in connection with Spl. Case No.214 of 2023, arising out of Rail Danapur P.S. Case No.169 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T