Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12865 of 2024 Arising Out of PS. Case No.-812 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Akhilesh Kumar son of Late Gungai Bind Village- Sarangpur Ps- Bhabua Dist- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhanshu Prakash, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bhabua P.S. case No. 812 of 2023 instituted for the offences under Sections 8(c), 21(b), 29 of the N.D.P.S. Act.

3. Prosecution case, in short, is that total 7.98 grams of heroin/smack was recovered from the possession of this petitioner and co-accused Ramashray Prasad.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case merely on suspicion. Petitioner is in custody since 06.09.2023 and has no criminal antecedent. Petitioner has got no concern with the alleged recovery.There is no allegation of tampering of

Patna High Court CR. MISC. No.12865 of 2024(2) dt.01-03-2024 2/2 witnesses alleged against the petitioner. Similarly situated coaccused person has already been granted bail by a Coordinate Bench of this Court vide order dated 29.01.2024 passed in Cr. Misc. No. 1996 of 2024. The recovered contraband is below commercial quantity, and 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.

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

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed 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 Bhabua P.S. case No. 812 of 2023. (Rudra Prakash Mishra, J) Alok Verma/- U T