Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4279 of 2022 Arising Out of PS. Case No.-380 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== Roushan Kumar Son of Shekho Mandal @ Sakaldeep Mandal Resident of Village- Lohapur Paria, P.S.- Bariyarpur, Distt- Munger .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jyoti Ranjan Jha, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with N.D.P.S. Case No. 41 of 2021, (Nath Nagar P.S. Case No. 380 of 2021) instituted for the offences under Sections 20, 22 of the N.D.P.S., Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 09.07.2021, charge-sheet has been submitted in the case and has antecedent of four cases. Allegation is of recovery of 01 Kg. of Ganja from a bag kept by accused PintuYadav, who was in a car along with three other named accused persons Further, Rs. 1,58,000/- as well as mobile phone were also seized from the accused persons.

Learned counsel for the petitioner further submits that as per the allegation, the recovery is from Pintu Yadav and he disclosed that he had purchased the said narcotics from Niranjan

Patna High Court CR. MISC. No.4279 of 2022(2) dt.08-06-2022 2/2 Yadav, who has been granted bail by a co-ordinate Bench of this Court vide order dated 08.03.2022 passed in Cr. Misc. No. 58381 of 2021 and another accused Raja Kumar and Govind Kumar who have also been granted bail by a co-ordinate Bench of this Court vide order dated 21.03.2022 passed in Cr. Misc. No. 60567 of 2021. It is further submitted that as far as the petitioner is concerned, against him the allegation is that mobile was recovered from his possession.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 09.07.2021, charge-sheet has been submitted in the case and the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bhagalpur in connection with N.D.P.S. Case No. 41 of 2021, (Nath Nagar P.S. Case No. 380 of 2021) (Khatim Reza, J) Gaurav Kumar/- U T