Akash Kumar @ Akash Kumar Parida v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11559 of 2024 Arising Out of PS. Case No.-701 Year-2023 Thana- KATIHAR NAGAR District- Katihar ====================================================== Akash Kumar @ Akash Kumar Parida Son of Ajay Chandra Parida R/o Ram Nagar, D.S. College, P.S.- Nagar, Dist.- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-02-2024 Heard learned counsel for the Petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with Katihar Nagar P.S. Case No. 701 of 2023, dated 22.09.2023, registered for the offences punishable under Sections 8, 20 and 22 of the NDPS Act.
3. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to the recovery of total 20.80 grams of Smack like material, a digital weighing machine, one lighter and one Samsung touch screen mobile phone and the said recovered Smack like material comes in the purview of intermediate quantity and while searching the person of the petitioner, the provisions of Section 50 of NDPS Act were not followed. Further submission is that the petitioner
Patna High Court CR. MISC. No.11559 of 2024(2) dt.28-02-2024 2/2 has been languishing in jail since 23.09.2023 having no criminal antecedent and against him, the investigation has been completed.
4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.
5. In the facts and circumstances of this case and considering the above submissions coupled with the completion of the investigation against the petitioner and also taking note of the quantity of the alleged contraband which is said to have been recovered from the possession of this petitioner and his clean antecedent, this Court is inclined to accept the prayer for bail of the petitioner. Accordingly, let the petitioner namedabove be enlarged on bail on furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Katihar Nagar P.S. Case No. 701 of 2023. (Shailendra Singh, J) maynaz/- U T