Patna High Court/23908/2023bail granted

Praveen Prasad @ Vipin Prasad v. The State Of Bihar

2023-05-23Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23908 of 2023 Arising Out of PS. Case No.-444 Year-2022 Thana- MUNGER MUFFASIL District- Munger ====================================================== Praveen Prasad @ Vipin Prasad S/O Late Kailash Prasad Singh Resident Of Village- Jaitpur, P.S.- Barahiya, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sevak Choudhary, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 444 of 2022 dated 08.12.2022, instituted for the offence punishable under Sections 8, 20(b)(II)(c), 25, 29 of the N.D.P.S. Act.

3. The prosecution case, in brief, is that on 08.12.2022 the informant on search recovered 20 kgs Ganja from the possession of petitioner and other co-accused, and Ganja was seized along with some cash and mobile phone.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he is falsely implicated in this case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. He further submitted that

Patna High Court CR. MISC. No.23908 of 2023(2) dt.23-05-2023 2/2 two similarly situated co-accused persons namely, Rabin Yadav and Shyam Kumar Singh have been granted bail by the Coordinate Benches of this Court in Criminal Miscellaneous No. 21718 of 2023 and Criminal Miscellaneous No. 17122 of 2023 on 19.05.2023 and 29.04.2023 respectively. Lastly, it has been submitted that the petitioner is in custody since 09.12.2022 having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge (S.J), Munger in Muffasil P.S. Case No. 444 of 2022. (Khatim Reza, J) Sankalp/- U T