Ankur Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36056 of 2021 Arising Out of PS. Case No.-116 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== ANKUR KUMAR Son of Rajendra Prasad Singh @ Harendra Pd. Singh Resident of Village - Bithauli, P.O.- Bithauli, P.S.- Bhagwanpur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Soni For the Opposite Party/s :

Ms.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-01-2022 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Present case has been taken up on mentioning made by learned counsel for the petitioner on the ground that petitioner in jail is suffering from hemophilia. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Hajipur Sadar P.S. Case no. 116 of 2021 registered for the offence punishable under sections 8/20(b)(ii)(B), 25 and 29 of the NDPS Act. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.36056 of 2021(2) dt.04-01-2022 2/2 petitioner is in custody since 8.2.2021, is person with clean antecedent and charge sheet has been submitted and the informant in the FIR alleges that on secret information he raided the house of Vijay Kumar from where 3.7 kg of ganja was recovered and the petitioner was found sitting in the house of Vijay Kumar. Learned counsel submits that admittedly, recovery is not from conscious possession of this petitioner, he was found sitting in the house of Vijay Kumar, further it is submitted that Vijay Kumar has been granted bail vide order dated 13.12.2021 in Cr. Misc. no. 31034/2021.

Learned APP opposes the prayer for bail.

Considering the facts that petitioner is in jail custody, charge sheet has been submitted and is a person with clean antecedent and recovery of ganja was made from the house of Vijay Kumar, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge, Vaishali at Hajipur in Hajipur Sadar P.S. Case no. 116 of 2021.

(Satyavrat Verma, J) s.hassan/- U