Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13806 of 2022 Arising Out of PS. Case No.-133 Year-2021 Thana- MATIHANI District- Begusarai ====================================================== Badal Kumar Son of Pramod Yadav Resident of Village - Chhitraur, P.S. - Matihani, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr. A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 8 and 20(b)(ii)(c) of the NDPS Act.

The prosecution case, in short, is that the informant A.S.I. Dinesh Kumar lodged an F.I.R stating therein that as per secret information, he along with the police personnel raided the alleged place on 11.10.2021 and apprehended the petitioner from the alleged place when he was trying to flee away after seeing the police party. The police also recovered 50.600 Kg ganja from the front side of the house of the petitioner. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.13806 of 2022(2) dt.12-10-2022 2/2 petitioner is innocent and has falsely been implicated in this case. No incriminating articles have been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the recovered articles and the recovery was done from the open field which belongs to Ramakant Yadav and this fact is also stated in the paragraph 8 of the case diary. The petitioner is in custody since 23.10.2021, is a person with clean antecedent and charge-sheet has been submitted in the case.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Matihani P.S. Case No. 133 of 2021 and N.D.P.S. Case No. 27 of 2021.

(Khatim Reza, J) Sankalp/- U T