Patna High CourtCR. MISC./21709/2019bail granted

Krishna Kumar @ Krishna Murari v. The State Of Bihar

2019-05-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21709 of 2019 Arising Out of PS. Case No.-56 Year-2019 Thana- RAMKRISHNANAGAR District- Patna ====================================================== KRISHNA KUMAR @ KRISHNA MURARI Son of Ramanand Singh @ Ramanand Singh Chandrabanshi Resident of Village / Mohalla - Near of Rajeshwar Hospital, Bahadurpur, P.S.- Patrakar Nagar, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 20, 22 and 24 of the N.D.P.S. Act. The prosecution case is that 4 grams of brown sugar is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.1.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has been made accused due to mistake of fact. 4 grams of brown sugar is alleged to have been recovered. The same is below the

Patna High Court CR. MISC. No.21709 of 2019(3) dt.17-05-2019 2/2 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. Other co-accused has been granted bail vide order dated 15.4.2019 passed in Cr. Misc. No. 18601 of 2019.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned Sessions Judge/ Special Judge, Patna in connection with Special Case No. 14/2019 arising out of Ram Krishna Nagar P.S. Case No. 56/2019.

(Sudhir Singh, J) Pankaj/- U T