Umesh Kumar Rai @ Mutan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19047 of 2020 Arising Out of PS. Case No.-196 Year-2020 Thana- HAJIPUR District- Vaishali ====================================================== Umesh Kumar Rai @ Mutan Son of Sri Bhola Rai Resident of VillageChaudhary Mubarak Ali Gudari Bazar, P.S.-Town (Hajipur), District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-06-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing.

The petitioner who is in custody since 24.2.2020 has filed the instant application for grant of regular bail in connection with Town (Hajipur) P.S. Case no. 196 of 2020 registered under sections 20, 22, 23, 24, 27 and 29 of the NDPS Act. As per allegation in the FIR, on seeing the petitioner standing in a suspicious condition and on his making an attempt to flee, the police personnel caught him and on search 100 gm of substance which appeared to be charas was recovered from his possession.

It is submitted by learned counsel for the petitioner that the allegation as levelled in the FIR are false and concocted and no incriminating article has been recovered from the possession of the petitioner. It is submitted that even otherwise the quantity would fall under small quantity as per the NDPS Act and the petitioner is in custody since 24.2.2020.

The application for bail is opposed by learned APP for the State.

Patna High Court CR. MISC. No.19047 of 2020(2) dt.02-06-2020 2/2 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case specially that the quantity of the substance stated to have been recovered from the petitioner would fall under small quantity as per the NDPS Act and the petitioner being in custody since 24.2.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Town (Hajipur) P.S. Case No. 196 of 2020 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Vaishali.

(Partha Sarthy, J) Prakash/- U