Patna High CourtCR. MISC./21483/2024bail granted

Rohit Kumar Rai v. The State Of Bihar

2024-04-10Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21483 of 2024 Arising Out of PS. Case No.-1260 Year-2023 Thana- DANAPUR District- Patna ====================================================== Rohit Kumar Rai S/o Sanjay Rai R/o Sultanpur Near Dhobiniya Bridge, ward no. 17, P.S. - Danapur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Danapur P.S. Case No. 1260 of 2023, instituted for the offences punishable under Section 21(b) of the NDPS Act.

3. The prosecution case, in short, is that, total 3.00 grams of brown sugar ike substance was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The recovered contraband is below the commercial quantity. Hence, Section 37

Patna High Court CR. MISC. No.21483 of 2024(3) dt.10-04-2024 2/2 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 23.09.2023 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 15.02.2024 passed in Cr. Misc. No. 6405 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Danapur P.S. Case No. 1260 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T