Patna High CourtCR. MISC./19964/2024bail granted

Ajay Kumar v. The State Of Bihar

2024-03-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19964 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- RAFIGANJ District- Aurangabad ====================================================== Ajay Kumar Son of Bifan Saw Resident of vill.-Chitra Sari, P.S.-Rafiganj, Distt.-Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Rafiganj P.S. case No. 08 of 2024 instituted for the offences under Sections 8, 20(b)(ii) (a) and 25 of the N.D.P.S. Act.

3. Prosecution allegation, in short, is that 125 gram ganja is recovered in this case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 11.01.2024 and has got no criminal antecedent. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.19964 of 2024(2) dt.18-03-2024 2/2 recovered contraband is even below the small 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.

5. Learned A.P.P. 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 of the petitioner, the period of custody undergone by the petitioner and the recovered contraband under small quantity, 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rafiganj P.S. case No. 08 of 2024.

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