Rocky Kumar @ Rocky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8567 of 2023 Arising Out of PS. Case No.-337 Year-2022 Thana- JOGBANI District- Araria ====================================================== ROCKY KUMAR @ ROCKY SON OF PRABHU SONAR @ PRABHU CHANDRA SAH R/O VILLAGE- TIKULIYA BASTI, WARD NO.09, P.S.- JOGBANI, DISTRICT- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-05-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Jogbani Police Station Case No. 337 of 2022, dated 24.10.2022, (Special (NDPS) Case No. 36 of 2022), registered for the offences punishable under Sections 414/34 of the Indian Penal Code and Sections 21/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution case, as per the First Information Report, is that 11 bottles of Cardex syrup, 160 pieces of Phenargan injection, 118 pieces of Evil injection, 301 pieces of Lupigsic injection and 35 pieces of needle, have been recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.8567 of 2023(2) dt.10-05-2023 2/3 Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and there is no likelihood that the petitioner will commit any offence under the Narcotic Drugs and Psychotropic Substances Act, 1985, after release on bail. He further submits that the quantity of narcotics drugs recovered from the possession of the petitioner is less than the commercial quantity. He further submits that the petitioner is in custody since 24.10.2022 and charge sheet has already been submitted against him and there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that the quantity of articles recovered from the possession of the petitioner is less than the commercial quantity, charge sheet has already been submitted and the petitioner is in custody since 24.10.2022, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Araria, in connection

Patna High Court CR. MISC. No.8567 of 2023(2) dt.10-05-2023 3/3 with Jogbani Police Station Case No. 337 of 2022 (Special (NDPS) Case No. 36 of 2022).

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √