Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16145 of 2019 Arising Out of PS. Case No.-690 Year-2018 Thana- PATRAKARNAGAR District- Patna ====================================================== BITTU KUMAR Son of Soti Prasad Resident of Malahi Pakari ( Behind Ishan School), P.S- Kankarbagh, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2019 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Patrakar Nagar P.S. Case No. 690 of 2018 for the offences punishable under Sections 272, 273, 308 of the Indian Penal Code and Sections 20/22/24 of N.D.P.S. Act, 1985. The allegation is regarding the police having got information that some miscreants were preparing to commit crime and thereafter the police had conducted a raid at the place of occurrence and caught eight persons and as far as the petitioner is concerned, 15 sachets containing one gram each of brown sugar was recovered.
The learned counsel for the petitioner submits that as per the schedule of N.D.P.S. Act, 1985, the commercial quantity
Patna High Court CR. MISC. No.16145 of 2019(2) dt.29-03-2019 2/2 of Heroin is 250 grams, hence, the alleged recovery of brown sugar from the petitioner is well below the commercial quantity prescribed in the schedule, hence, the privilege of bail be granted to the petitioner. It is further submitted that the petitioner has been falsely implicated in the present case and he is having a clean antecedent and is languishing in custody since 23.11.2018. Lastly, it is submitted that similarly situated other accused persons have been granted bail by orders dated 5.3.2019 and 7.3.2019 passed in Cr. Misc. No. 12553 of 2019 and 9205 of 2019.
Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge cum Spl. Judge N.D.P.S. Act, Patna in connection with Spl. Case No. 135of 2018 arising out of Patrakar Nagar P.S. Case No. 690 of 2018. (Mohit Kumar Shah, J) Tiwary/- U T