Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4896 of 2022 Arising Out of PS. Case No.-132 Year-2021 Thana- PARWALPUR District- Nalanda ====================================================== Santosh Kumar S/o Sikandar Prasad @ Rai Jee Resident of Kothia Gandhi Chowk, P.S.- Tajpur, Distt.- Samastipur, At present R/o- Santnagar, P.S.- Parwalpur, Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Parwalpur P.S. Case No. 132 of 2021 instituted for the offences under Sections 8, 20(b)(i)(B), 25 and 29 of the N.D.P.S., Act. Learned counsel for the petitioner submits that the petitioner is in custody since 07.07.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation is of recovery of 15.803 Kg. Ganja from the house and shop of the petitioner and one Sakindar Prasad. From perusal of the seizure list 11.973 Kg. Ganja was recovered from the possession of Sakindar Prasad and 3.830 Kg Ganja from the possession of the petitioner. Thus, total amount 15.803 Kg Ganja. Learned counsel for the petitioner further submits that

Patna High Court CR. MISC. No.4896 of 2022(2) dt.07-06-2022 2/2 one co-accused Sakindar Prasad has been granted bail by a coordinate Bench of this Court vide order dated 04.03.2022 passed in Cr. Misc. No. 66885 of 2021 in an Anticipatory Bail application.

Learned counsel for the petitioner further submits that petitioner is innocent and he has been falsely implicated in this case merely on suspicion.

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 07.07.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, 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 1st A.D.J.-cum-Special Judge, Biharsharif (Nalanda) in connection with Parwalpur P.S. Case No. 132 of 2021.

(Khatim Reza, J) Gaurav Kumar/- U T