Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18310 of 2020 Arising Out of PS. Case No.-92 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== SONU KUMAR Son of Late Kaushal Kishore Singh @ Late Kaushal Singh Resident of Village - Lal Pokhar Dighi Kala, P.S.- Hajipur Sadar, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Ram Naresh Ray Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Mr. Ashok Kumar, the learned APP appearing for the State. The petitioner seeks regular bail in connection with Sadar P.S. Case No. 92 of 2020, registered for the offence punishable under Sections 8, 20(b)(ii) B/25 of the NDPS Act. The allegation is regarding the petitioner being apprehended by the police and upon search, 1.10 kg. of ganja was recovered from his possession.

Patna High Court CR. MISC. No.18310 of 2020(2) dt.04-06-2020 2/3 The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 9.2.2020. It is further submitted that the quantity of ganja recovered from the petitioner is much less than the commercial quantity, hence, there is no impediment in grant of regular bail to the petitioner herein. It is further submitted that the quantity of ganja recovered from the petitioner is more or less small quantity, as defined in the schedule to the NDPS Act, 1985. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the fact that the quantity of ganja recovered from the petitioner is much less than the commercial quantity defined in the table to the NDPS Act, 1985, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge Vaishali at Hajipur

Patna High Court CR. MISC. No.18310 of 2020(2) dt.04-06-2020 3/3 in connection with Hajipur Sadar P.S. Case No. 92 of 2020. (Mohit Kumar Shah, J) Ajay/- U T