Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16816 of 2024 Arising Out of PS. Case No.-306 Year-2023 Thana- DEEPNAGAR District- Nalanda ====================================================== Alok Kumar S/o Late Ajay Prasad Resident at Village- Sathopur P.S.- Deepnagar District- Nalanda (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar, Adv.

For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Deepnagar P.S. Case No. 306 of 2023 dated 12.07.2023 registered for the offences punishable u/ss 21 and 22 of the N.D.P.S. Act.

3. As per the prosecution case, total 112.860 gms. brown powder like brown sugar, one mobile phone and a motorcycle were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has surfaced in this case merely on suspicion. It is further submitted that the seized contraband is less than the commercial quantity. Learned counsel has further submitted that the petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in

Patna High Court CR. MISC. No.16816 of 2024(3) dt.30-07-2024 2/2 para 3 of the bail petition. The petitioner is in custody since 13.07.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nalanda in connection with Deepnagar P.S. Case No. 306 of 2023 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T