Patna High CourtCR. MISC./25594/2024bail granted

Santosh Kumar @ Musha v. The State Of Bihar

2024-04-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25594 of 2024 Arising Out of PS. Case No.-300 Year-2023 Thana- AMNAUR District- Saran ====================================================== Santosh Kumar @ Musha Son of Bhola Ram Resident of Village- Basantpur Bangala, Police Station- Amnaur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishesh Kumar Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== 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 Amnaur P.S. Case No. 300 of 2023 instituted for the offences under Section 8, 20(b)(II)(B), 25 of the NDPS Act.

3. As per prosecution case, there is recovery of 6.8 kg ganja from the hut of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The petitioner has no concern with the alleged recovery. Nothing incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 03.12.2023, and has one criminal antecedent. The

Patna High Court CR. MISC. No.25594 of 2024(2) dt.05-04-2024 2/2 recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. Charge-sheet has been submitted in this case.

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, judicial custody undergone by the petitioner, chargesheet being submitted and the recovered contraband being below the commercial quantity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after 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 Amnaur P.S. Case No. 300 of 2023.

(Rudra Prakash Mishra, J) manishkumar/- U T