Patna High CourtCR. MISC./14240/2024bail granted

Ajit Kumar v. The State Of Bihar

2024-02-29Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14240 of 2024 Arising Out of PS. Case No.-887 Year-2023 Thana- SUPAUL District- Supaul ====================================================== Ajit Kumar, Son of Nageshwar Mehta, age 30 years, Male Resident of Kamalpur, Ward no. 03, P.S.- Ghailadh (O.P.), District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Kumar Mehta, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Supaul PS Case No. 887 of 2023 instituted for the offences punishable under Sections 21 (a) of the NDPS act and Section 30 (a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 51 bottles of Codeine Phosphate and Triprolidine Hydrochloride Syrup liters were recovered from the place where accused persons were sitting.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case only on the basis of suspicion. He next submits that the he has no concern with the alleged recovery. There is no independent witness in the seizure

Patna High Court CR. MISC. No.14240 of 2024(2) dt.29-02-2024 2/2 list. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 28.11.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, seizure list and impugned order of the learned Sessions Judge, Supaul dated 17.01.2024, it appears that there is no recovery from the conscious possession of the petitioner and he has been falsely implicated in this case. There is no independent witness in the seizure list. Similarly situated co-accused persons namely, Surendra Yadav @ Mahadev Yadav and Santosh Kumar @ Santosh Yadav have been granted bail by a co-ordinate Bench of this Court in Cr. Misc. Nos. 12334 of 2024 and 12618 of 2024 dated 28.02.2024. Petitioner is in custody since 28.11.2023, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cumSpecial Judge, N.D.P.S./ Excise, Supaul in connection with Supaul PS Case No. 887 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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