Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9008 of 2024 Arising Out of PS. Case No.-55 Year-2023 Thana- GALGALIYA District- Kishanganj ====================================================== Kishan Kumar S/O Rooplal Yadav R/O Lakridipo Bhatgaon, P.S- Galgalia, Distt.- Kishanganj.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Shweta, Advocate For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Galgalia P.S. Case No. 55/2023 lodged on 02.11.2023 under Sections 8(c), 21(b) of the Narcotic Drugs And Psychotropic Substances, Act, 1985.

3. As per the prosecution case, the FIR has been lodged against the petitioner from whose possession 110 gram brown sugar and cash amount of Rs.3300/- have been recovered. It has been accepted by the petitioner in the FIR that he used to sell the brown sugar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 10.11.2023 having no criminal

Patna High Court CR. MISC. No.9008 of 2024(2) dt.20-02-2024 2/2 antecedent. The chargesheet has already been filed. The quantity of recovered brown sugar is higher than the small quantity but lesser than the commercial quantity.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after nine month of framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge (NDPS Act), Kishanganj, in connection with Galgalia P.S. Case No. 55/2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure. (Dr. Anshuman, J) Ashwini/- U T