Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15113 of 2022 Arising Out of PS. Case No.-412 Year-2021 Thana- SAHPUR District- Bhojpur ====================================================== MUKESH KUMAR, Son of Surendra Prasad Dhanuk Resident of village - Shahpur Ward No.- 10, P.S. - Shahpur, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under Section 20/22 of N.D.P.S. Act.

Allegation against the petitioner is that a total quantity of 30.77 gram Heroin was recovered from the possession of the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.15113 of 2022(2) dt.11-07-2022 2/2 possession of the petitioner. The Petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.12.2021. The recovery which has been made from the possession of the petitioner is of less than the commercial quantity.

Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Session Judge Bhojpur at Ara, in connection with Shahpur P.S. Case No. 412 of 2021, with a condition that the petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner will liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J) sanjeev/- U T