Sunil Kumar @ Sanjai Dutt v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16692 of 2022 Arising Out of PS. Case No.-551 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Sunil Kumar @ Sanjai Dutt Son Of Ashok Chaudhary @ Pappu Chaudhary Resident At - Ward No. -6, Mohania, P.S.- Mohania, Dist.- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Pathak, Advocate.

For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with N.D.P.S. P.S. Case No. 09 of 2022 arising out of Mohania P.S. Case No. 551 of 2021 lodged under Sections 8(C)/21(a) (b)/27(A) of the N.D.P.S. Act.

The allegation made in the F.I.R. against the petitioner is that total 3.17 gram heroin was alleged to be recovered from his possession along with two mobile and 1,600/- rupees in cash.

Learned counsel for the petitioner submits that the quantity of heroin recovered from his possession is lesser than the small quantity. He further submits that as per the allegation made in the F.I.R. offence under Section 21A has been made out for which punishment is only one year or with fine up to

Patna High Court CR. MISC. No.16692 of 2022(2) dt.13-07-2022 2/2 10,000/- rupees or both. He further submits that one co-accused Sikandar Prajapati has been granted bail by the Co-ordinate Bench of this Court vide order dated 04.07.2022 passed in Cr. Misc. No. 11548 of 2022.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances and considering the submissions that the petitioner is in custody since 28.11.2021, charge sheet has already been filed having no criminal antecedent and the quantity recovered is small, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge -Cum- Special Judge, Kaimur at Bhabua in connection with N.D.P.S. Case No. 09 of 2022 arising out of Mohania P.S. Case No. 551 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

Accordingly, the bail application stands allowed. (Dr. Anshuman, J) guddu/- U T