Patna High CourtCR. MISC./19525/2019bail granted

Abhishek Kumar @ Bablu v. The State Of Bihar

2019-04-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19525 of 2019 Arising Out of PS. Case No.-416 Year-2018 Thana- BEUR District- Patna ====================================================== Abhishek Kumar @ Bablu, son of Krishna Rai, Resident of VillageBallamichak, P.S.- Phulwarisharif, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jagnnath Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 26.12.2018 in a case registered for the offence punishable under Section 21 of NDPS Act.

It is alleged that the petitioner along with co-accused Sunny Kumar, Gautam Pandey, Sanjay Kumar, Rakesh Ranjan and Vikash Kumar were apprehended from an under constructed house on suspicion, two of them tried to escape from the scene and from their possession cash amount, mobile phones and other articles were recovered and they conferred that they had assembled there to consume Heroin.

It is submitted by learned counsel for the petitioner that even assuming the accusation to be true, no offence under

Patna High Court CR. MISC. No.19525 of 2019(2) dt.01-04-2019 2/2 Section 21 of NDPS Act is made out. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner and others disclosed before the police that they assembled there to consume heroin.

Considering the nature of accusation and statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 Special Judge, NDPS Act, Patna in connection with Special Case No. 147 of 2018, Beur P.S. Case No. 416 of 2018.

(Dinesh Kumar Singh, J) DKS/- U T