Pawan Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15084 of 2022 Arising Out of PS. Case No.-410 Year-2021 Thana- MINAPUR District- Muzaffarpur ====================================================== Pawan Kumar Jha, son of Late Ramnarayan Jha, Resident of VillageMuksudpur, P.S.- Minapur, District- Muzaffarpur, State- Bihar ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Nachiketa Jha, Advocate For the Opposite Party :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

This application for grant of regular bail arises out of Minapur P.S. Case No. 410 of 2021 registered for the offence punishable under Sections 20 and 22 of the N.D.P.S. Act. The petitioner is in custody since 09.11.2021. Considering the small quantity of recovery of Ganja and the period of custody, this regular bail application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, II, Muzaffarpur, in

Patna High Court CR. MISC. No.15084 of 2022(2) dt.26-05-2022 2/2 connection with Minapur P.S. Case No. 410 of 2021. It will be advisable for the petitioner to plead guilty in the Court below so that he is not unnecessarily harassed and face trial for a long period. If the petitioner pleads guilty, the Court below will not delay the disposal of the case considering the fact that the petitioner is already in custody since 09.11.2021 and the maximum punishment for the alleged offence is of one year.

Even if the learned counsel for the petitioner, in the Court below, does not explain the law to the petitioner, it will be duty of the Special Judge, to explain the entire facts and law and thereafter, will act in accordance with the wishes of the petitioner.

With the aforesaid observations and directions, this regular bail application is allowed.

(Sandeep Kumar, J) pawan/- U T