Chintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6892 of 2024 Arising Out of PS. Case No.-1414 Year-2023 Thana- DANAPUR District- Patna ====================================================== Chintu Kumar S/O- Manager Rai R/O- Village- Hatanpur, P.S.- Shahpur, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Special Case No. 237 of 2023 arising out of Danapur P.S. Case No. 1414 of 2023 instituted for the offences under Sections 8, 8(c), 20(b)(ii)A, 21(a) of the N.D.P.S. Act.

3. As per prosecution case, the police, on receipt of secret information, reached at the Gumti near Tata Motors and saw one differently abled persons sitting in the same who disclosed his name as Chintu Kumar/the present petitioner. On search, 54 sachets containing 23.640 grams of brown sugar and 81 sachets containing 141.37 grams of Ganja were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Nothing incriminating has been recovered from the

Patna High Court CR. MISC. No.6892 of 2024(2) dt.13-02-2024 2/2 conscious physical possession of the petitioner rather the same was recovered from the Gumti. The quantity of Ganja and the brown sugar recovered is less than the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Section 42 and 50 of the N.D.P.S. Act. The petitioner has no criminal antecedent and is languishing in judicial custody since 03.11.2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Special Case No. 237 of 2023 arising out of Danapur P.S. Case No. 1414 of 2023. (Rudra Prakash Mishra, J) rishi/- U T