Munchun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15294 of 2025 Arising Out of PS. Case No.-102 Year-2024 Thana- SAKSOHRA District- Patna ====================================================== Munchun Kumar Son of Upendra Mistri Resident of Village- Berhana, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Krishna Jha, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Special N.D.P.S. Case No. 173 of 2024 (arising out of Saksohara P.S. Case No. 102 of 2024) instituted for the offence under Sections 20, 22, 8(c) of the N.D.P.S. Act.

3. The case of the prosecution is that from the motorcycle which was being driven by one Pankaj Kumar, altogether 80 gms of ganja was recovered. Petitioner is the owner of that motorcycle.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It has further been submitted that he has got no concern

Patna High Court CR. MISC. No.15294 of 2025(2) dt.21-04-2025 2/2 with the recovery. He had given his motorcycle to his brotherin-law, Pankaj Kumar on an urgent call. It has also been submitted by the learned counsel for the petitioner that the petitioner has got one criminal antecedent and in that case, he has been acquitted by the trial Court.

5. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Special N.D.P.S. Case No. 173 of 2024 (arising out of Saksohara P.S. Case No. 102 of 2024), he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge-cum-Special Judge, N.D.P.S., Patna, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Anushka/- U T