Patna High CourtCR. MISC./20802/2024bail granted

Sunil Kumar v. The State Of Bihar

2024-04-19Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20802 of 2024 Arising Out of PS. Case No.-390 Year-2023 Thana- BAHADURPUR District- Patna ====================================================== Sunil kumar S/o Kishori Lal R/o Mohalla Railway Hunter Road, East Lahanipur, Sakchuli Gali, P.S. - Kadamkuan, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Singh, Advocate For the State :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-04-2024 Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Bahadurpur P.S. Case No. 390 of 2023 registered for the offence punishable under Sections 21/22 of the Narcotic Drugs and Psychotropic Substance Act, 1985.

3. As per the prosecution case, total 4.8132 grams of Buprenorphine Injection (Morphine)has been recovered from the accused persons.

4. Learned counsel for the petitioner submits that maximum recovery which can be attributed to the petitioner is

Patna High Court CR. MISC. No.20802 of 2024(3) dt.19-04-2024 2/3 0.24 grams if the recovery from the petitioner is considered to be 2ML in each vial. Petitioner is in jail since 13.10.2023 and has clean antecedent. He further submits that the petitioner was made to believe that he had to supply the same to some bonafide purchaser/shop.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances of the case, this application for regular bail is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge/Special Judge (NDPS), Patna/concerned Court below in connection with Bahadurpur P.S. Case No. 390 of 2023 subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on absence on two consecutive dates without sufficient reason, the bail bond shall be cancelled by the Court below.

(ii) The petitioner will also mark attendance in Kadamkuan Police Station, Patna on the first Sunday of each

Patna High Court CR. MISC. No.20802 of 2024(3) dt.19-04-2024 3/3 month. Any default in appearance at the Police Station would be result in cancellation of bail bonds of the petitioner. (Sandeep Kumar, J) P. Kumar U T