Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18592 of 2024 Arising Out of PS. Case No.-972 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Santosh Kumar son of Suresh Prasad Tanti Village- Khagaur, P.S. Kiul, District- Lakhisarai, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Vasant Vikas, Advocate For the State :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Lakhisarai P.S. Case No. 972 of 2023 instituted for the offence under Sections 8 and 20(b)(ii)(B) of the NDPS Act. 3.

Prosecution case in a nutshell is that there is recovery of 6.100 KG of ganja from the possession of the petitioner and one co-accused, namely, Khushbu Devi. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13-12-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.18592 of 2024(2) dt.14-03-2024 2/2 case. Charge-sheet been submitted in this 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 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, recovery is below commercial quantity and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lakhisarai P.S. Case No. 972 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T