Rajeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25331 of 2024 Arising Out of PS. Case No.-353 Year-2023 Thana- DIDARGANJ District- Patna ====================================================== Rajeev Kumar son of Ram Janam Ram @ Ramjanam Ray Village- W.No-1, Mallikpur Ps- Raghopur Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar, Advocate For the Opposite Party/s :
Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Didarganj P.S. case No. 353 of 2023 instituted for the offences under Sections 20(b)(ii)(B)22(b)/27(B) of the N.D.P.S. Act.
3. Prosecution case, in short, is that 16 Kg ganja has been recovered in this case.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 17.10.2023 and has no criminal antecedent. There
Patna High Court CR. MISC. No.25331 of 2024(2) dt.05-04-2024 2/2 is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The recovered contraband is above the small quantity and below the commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Section 42 and 50 of the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner 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 Court below/concerned Court in connection with Didarganj P.S. case No. 353 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T