Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14034 of 2022 Arising Out of PS. Case No.-1 Year-2022 Thana- Ishakchak District- Bhagalpur ====================================================== Mohan Kumar Son Of Rajendra Chaudhary Resident Of Village - Bholanath Pul, Ishakchak, Budhiya Kali Asthan, P.S.- Ishakchak, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Anish Akhtar, Advocate :

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

Mr. Harendra Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-08-2022 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 form today. The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 20(b)(ii)a and 21(a) of the N.D.P.S Act and Sections 188 and 290 of the Indian Penal Code.

Allegation is of recovery of 0.42 gms brown sugar (smack) from the possession of the petitioner. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the recovery is less than the

Patna High Court CR. MISC. No.14034 of 2022(2) dt.16-08-2022 2/2 small quantity and it is submitted that he was forced to put signed over a plain paper. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 02.01.2022, charge-sheet has been submitted in the case and is a person with clean antecedent. Learned A.P.P for the State opposes the prayer for regular 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 District & Sessions Judge, Bhagalpur in connection with Ishakchak P.S. Case No. 01 of 2022.

(Khatim Reza, J) shanu/- U T