Suresh Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20746 of 2023 Arising Out of PS. Case No.-52 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== Suresh Kumar Ram, Son of Bindeshwar Ram, Resident Of Village - Hathletwa , Ps- Jaynagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Jaynagar P.S. Case No. 52 of 2023 dated 02.02.2023 registered for the offences punishable under Sections 8 (c), 21 (B), 25 and 29 of the N.D.P.S. Act

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is a government teacher and the allegation against him is that 52 gms of narcotic material suspected to be smack is alleged to have been recovered from the tool box of a motorcycle which was found in

Patna High Court CR. MISC. No.20746 of 2023(2) dt.22-05-2023 2/3 the possession of this petitioner but in actual the petitioner had no concern either with the seized motorcycle or the seized contraband and he has been falsely roped in this case, in fact the alleged motorcycle was not searched before a gazetted officer and after seizing the alleged contraband the gazetted officer was called upon and thereafter formality was made. Further submissions are that the alleged suspected contraband comes in the purview of intermediate quantity and the petitioner has fair and clean antecedent and has been languishing in jail since 03.02.2023 and against him the investigation has been completed.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the facts that the petitioner is stated to be a government teacher and against him the investigation has been completed and the alleged recovered contraband comes in the purview of intermediate quantity and the petitioner has fair and clean antecedent, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Jaynagar P.S. Case No. 52 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

Patna High Court CR. MISC. No.20746 of 2023(2) dt.22-05-2023 3/3 with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T