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Patna High CourtCR. MISC./22282/2024bail granted

Kishan Kumar v. The State Of Bihar

2024-07-03Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22282 of 2024 Arising Out of PS. Case No.-39 Year-2024 Thana- SONBERSA District- Sitamarhi ====================================================== Kishan Kumar S/o- Bisheshwar Mahto @ Viseser Mahto Vill- Sonbarsa Ward no. 01 Ps- Sonbarsa Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Sonbarsa P.S. Case No. 39 of 2024, registered for the offences punishable under Sections 21(b) of NDPS Act.

3. As per allegation, 194 bottles of cough syrup and 880 tablets of Nitravet (sedative) were recovered from possession of the petitioner when he was trying to transport it to Nepal.

4. Learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and he is under custody since 30.01.2024.

5. On the other hand, learned APP, Shri Shailendra Kumar opposed the prayer for bail by submitting that the seized articles are under the purview of Psychotropic Substance.

Patna High Court CR. MISC. No.22282 of 2024(3) dt.03-07-2024 2/2

6. Considering the above-mentioned facts and circumstances and also considering the clean antecedent as well as period of custody of the petitioner, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Sitamarhi in connection with Sonbarsa P.S. Case No. 39 of 2024, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/- U T