Patna High CourtCR. MISC./9795/2024bail granted

Jagat Prasad @ Jagat Kumar Nirala v. The State Of Bihar

2024-02-20Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9795 of 2024 Arising Out of PS. Case No.-1035 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Jagat Prasad @ Jagat Kumar Nirala S/O Harihar Bhagat @ Harihar Prasad R/O Village- Tengarari, P.S- Siwaipatti, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar, Advocate For the State :

Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 1035 of 2023 registered for the offence punishable under Sections 8(c), 21(b) of the N.D.P.S. Act and Sections 25(1-b)a and 26 of the Arms Act.

3. As per the prosecution case, the recovery is of 26.4 grams of Smack which is an intermittent quantity.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is in jail since 03.08.2023.

5. Learned APP appearing for the State opposes the

Patna High Court CR. MISC. No.9795 of 2024(2) dt.20-02-2024 2/2 prayer for regular bail of the petitioner.

6. Considering the recovery, the petitioner is directed to be released on bail.

7. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, 11th, Muzaffarpur in connection with Ahiyapur P.S. Case No. 1035 of 2023.

8. The petitioner will also mark attendance in Siwaipatti Police Station, Muzaffarpur on the first and third Sunday of each month. Any default in appearance at the Police Station would be result in cancellation of bail bonds of the petitioner.

(Sandeep Kumar, J) P. Kumar U T