Ram Kumar @ Ram Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19088 of 2024 Arising Out of PS. Case No.-343 Year-2023 Thana- BIRPUR District- Supaul ====================================================== Ram Kumar @ Ram Kumar Sah S/o Kamal Sah @ Kamal Kumar Saha @ Kamal Kumar Shah R/o Village - Baijnathpur, Ward No. 03, Police Station - Birpur Dist. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Goutam For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in N.D.P.S. Case No. 56 of 2023 arising out of Birpur (Bhimnagar O.P.) P.S. Case No. 343 of 2023 registered for the offence punishable under Sections21(B) and 22(B) of the N.D.P.S. Act.

3. Prosecution case in short is that on the tip off, the informant alongwith Patrolling team started to keep vigil at Shaileshpur Chowk. A person was found carrying a carry bag going towards Nepal. That person was apprehended and he disclosed his name as Ram Kumar @ Ram Kumar Sah (the petitioner). On search of carry bag, 300 tablets of Nitravet and 24 bottles of WISCOF syrup were recovered from him.

Patna High Court CR. MISC. No.19088 of 2024(5) dt.18-07-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. The petitioner has got clean antecedent. It has also been submitted that by the name of the articles, it cannot be presumed that whether such article was prohibited or not. It has last been submitted that the petitioner has no concern with the alleged articles neither there is any signature of petitioner over notice under Section 50 of the NDPS Act.

5. Learned APP has opposed the prayer for bail.

6. Considering the whole facts and circumstances, specially the clean antecedent, let the petitioner named above, 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 learned Sessions Judge, Supaul in connection with N.D.P.S. Case No. 56 of 2023 arising out of Birpur (Bhimnagar O.P.) P.S. Case No. 343 of 2023 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) A.K.V.//- U T