Karan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9432 of 2024 Arising Out of PS. Case No.-183 Year-2023 Thana- KHARIK District- Bhagalpur ====================================================== Karan Kumar Son of Mohan Yadav Resident of Vill.-Basua, P.s.-Pasraha, Distt.-Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subodh Prasad For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem ====================================================== 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 Kharik P.S. Case No. 183 of 2023 registered on 07.08.2023 lodged under Sections 20, 22 of the NDPS Act.
3. As per the prosecution case, F.I.R. has been lodged against two named accused persons including the petitioner to whom allegation is of recovery of 5 Kg of Ganja.
4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 08.08.2023 having no criminal case pending against him. He also submits that the seizure list is prepared without independent witnesses, therefore, it is gross violation of Section 100 of Cr.P.C. He also submits that the recovery is more
Patna High Court CR. MISC. No.9432 of 2024(2) dt.20-02-2024 2/2 that smaller quantity but much less than the commercial quantity.
6. Learned counsel for the State opposes the prayer for bail.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail nine months after framing of charge if the charge is not framed yet and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kharik P.S. Case No. 183 of 2023, subject to the following conditions as well as the conditions laid down under Section 437 (3) of the Cr.P.C. (Dr. Anshuman, J) Sunnykr/- U