Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27595 of 2021 Arising Out of PS. Case No.-396 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== RAHUL KUMAR Son of Shailendra Shahi Resident of Village - Meenapur Harka, P.S.- Meenapur, Distt.- Muzaffarpur at present Village - Shekhpur Akharaghat, P.S.- Ahiyapur, Dist.- Muzaffarpur, Bihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 20 and 22 of the NDPS Act.

As per the prosecution case, 1 kg ganja was recovered from the possession of the petitioner while 3 kg ganja was recovered from the possession of the co-accused. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession. He has been falsely implicated in the case. His case stands on a similar or better footing to that of coaccused Ujjwal Singh who has been enlarged on bail vide order dated 15.4.2021 passed in Cr. Misc. no. 5760 of 2021. The

Patna High Court CR. MISC. No.27595 of 2021(3) dt.30-11-2021 2/2 petitioner is in custody since 3.5.2020.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, grant of bail to co-accused Ujjwal Singh and the petitioner having remained in custody for more than 1 year 6 months, the Court directs the petitioner to be enlarged on bail in connection with Ahiyapur P.S. Case no. 396 of 2020 (NDPS-26/20) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Additional Sessions Judge, Muzaffarpur.

(Partha Sarthy, J) Prakash/- U