Patna High CourtCR. MISC./13358/2024bail granted

Prince Kumar @ Prince Kumar Yadav v. The State Of Bihar

2024-03-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13358 of 2024 Arising Out of PS. Case No.-911 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Prince Kumar @ Prince Kumar Yadav S/o Hemnath Yadav R/o Asha Raut Ke Tola, P.s. - Manjhagarh, Distt. - Gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan, Advocate For the Opposite Party/s :

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Gopalganj (Town) P.S. case No. 911 of 2023 instituted for the offences under Sections 8(c), 21(b) of the N.D.P.S. Act.

3. Prosecution allegation, in short, is that the on secret information, the police arrested two persons and total 18.88 gram smack like substance was recovered along with one mobile and one scooty.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Charge-sheet has been submitted in this case. The petitioner is in custody since 16.11.2023 and has got no criminal

Patna High Court CR. MISC. No.13358 of 2024(2) dt.05-03-2024 2/2 antecedent. No incriminating material has been recovered from the conscious possession of the petitioner. The scooty in question does not belong to the petitioner rather it belongs to coaccused. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 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 and 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 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 Gopalganj (Town) P.S. case No. 911 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T