Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18690 of 2020 Arising Out of PS. Case No.-81 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Rakesh Kumar (Male - 27 years), S/O Bino Yadav R/O Vill.- Kumbhi, Police Station- Cheriya Bariyarpur, District: - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mrs. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-06-2020 Heard Mr. Shubhesh Pandey , learned counsel for the petitioner and Mrs. Renu Kumari, learned counsel appearing for the State through video conferencing.

The petitioner seeks regular bail in connection with NDPS Case No. 6 of 2020 arising out of Begusarai Town P.S. Case No. 81 of 2020 registered for the offence punishable under Sections 22 of the N.D.P.S. Act and Section 45 (1)(xii) of the Prisoner's Act.

The allegation against the petitioner is that on date of occurrence i.e. on 02.02.2020 at about 11 A.M. the petitioner visited the jail premises in order to meet the custody accusedAmit Kumar @ Mannu with a tiffin box containing 80 grams Ganja for giving it to the said under trial prisoner and during the course of search same was seized and seizure list was prepared

Patna High Court CR. MISC. No.18690 of 2020(2) dt.08-06-2020 2/3 by the jail authorities.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged. Learned counsel further submits that from perusal of the seizure list it would be evident that signature of the petitioner is not there. Learned counsel further submits that Ganja, which has allegedly been recovered from the possession of the petitioner is of very small quantity, inasmuch as small quantity stipulated under the N.D.P.S. Act is 1 Kilogram. Learned counsel further submits that the petitioner is in custody since 03.02.2020. Having regard to the submissions made by the parties and taking into consideration the fact that very small quantity of Ganja was recovered from the possession of the petitioner and he is in custody since 03.02.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Begusarai in connection with N.D.P.S. Case No. 06 of 2020 arising out of Begusarai Town P.S. Case No. 81 of 2020.

It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.18690 of 2020(2) dt.08-06-2020 3/3 bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T