Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5354 of 2025 Arising Out of PS. Case No.-122 Year-2024 Thana- BANGAWON District- Saharsa ====================================================== Ankit Kumar S/O Dinehs Kumar Tanti Resident of Village - Maina,ward No.- 4,P.S- Mahishi, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Bangaon P.S. Case No. 122 of 2024, registered for the alleged offences under Sections 8, 20(b)ii(A) of N.D.P.S. Act

3. As per prosecution case, recovery of 1.8 kg of ganja was made from the shoulder bag of the petitioner when the petitioner was apprehended while running away when the police tried to intercept the motorcycle on which the petitioner and coaccused were travelling.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The

Patna High Court CR. MISC. No.5354 of 2025(2) dt.15-02-2025 2/3 petitioner has been riding pillion on the motorcycle of coaccused Raman Yadav and the bag of Raman Yadav was kept by this petitioner and he was having no knowledge of contraband kept in the said bag. Learned counsel further submits that the recovery of ganja is just above the notified small quantity and petitioner is in custody since 10.09.2024. The petitioner is having clean antecedent.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the quantity of ganja which is much less the commercial quantity, further considering the clean of the petitioner and period of his custody, the petitioner above named is directed to 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 learned Sessions Judge cum Special Judge, Saharsa/concerned Court in connection with Bangaon P.S. Case No. 122 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.5354 of 2025(2) dt.15-02-2025 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T