Patna High CourtCR. MISC./14237/2024bail granted

Pawan Kumar v. The State Of Bihar

2024-03-11Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14237 of 2024 Arising Out of PS. Case No.-693 Year-2023 Thana- KATIHAR NAGAR District- Katihar ====================================================== Pawan Kumar son of Moti Lal Yadav Village- Sirsa Ps- Muffasil 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 :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nagar P.S. case No. 693 of 2023 instituted for the offences under Sections 8, 20, 22 of the N.D.P.S. Act.

3. Prosecution case, in short, is that 7.25 gm smack has been recovered in this case.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 20.09.2023 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The recovered

Patna High Court CR. MISC. No.14237 of 2024(2) dt.11-03-2024 2/2 contraband is just above the small quantity and far below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Section 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, clean antecedent as also 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 Nagar P.S. case No. 693 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T