Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7562 of 2024 Arising Out of PS. Case No.-150 Year-2021 Thana- DORIGANJ District- Saran ====================================================== Raju Kumar son of lalan Ray village- Mahaji Ps- Doriganj Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail registered under section 414 of the Indian Penal Code and Sections 8/20/22/25 of the NDPS Act. Prosecution case relates to recovery of a stolen motorcycle and total 10.750 kg ganja from the husk room of coaccused and he confessed that the petitioner was also his associate.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case and his name came into light in this case on the basis of confessional statement of co-accused person before the police which is not admissible in the eye of law. The petitioner has no concern with the alleged recovery and

Patna High Court CR. MISC. No.7562 of 2024(2) dt.17-02-2024 2/2 nothing looted or incriminating article has been recovered from the conscious possession of the petitioner. The recovered ganja also does not come within the purview of commercial quantity. Similarly situated co-accused has already been granted bail by this Court vide order dated 11.08.2023 passed in Cr. Misc. No. 49320 of 2023. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 24.11.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Doriganj P.S. Case No. 150 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Saran at Chapra.

(Sunil Kumar Panwar, J) Manishkumar/- U T