Patna High CourtCR. MISC./29928/2024bail granted

Krishna Kumar v. The State Of Bihar

2024-04-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29928 of 2024 Arising Out of PS. Case No.-137 Year-2023 Thana- ISMAILPUR District- Bhagalpur ====================================================== Krishna Kumar Son of Satrughan Mandal @ Shatrughan Mandal Resident of Village- Kaji Kaoreya (Kagikauriya), P.S.- Kharik,District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ismailpur P.S. Case No. 137 of 2023 instituted for the offences punishable under Sections 8, 20(b) (ii)(B) of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 10 Kg of Ganja from the bag of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.29928 of 2024(2) dt.22-04-2024 2/3 Charge-sheet has been submitted in this case. No incriminating article has been recovered from the conscious possession of the petitioner and he has no concern with the alleged recovery. The recovered contraband is below the commercial quantity. Hence Section 37 of the N.D.P.S. Act is not applicable in this present case. The petitioner is in custody since 30.11.2023 and has no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5. Learned APP 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, the recovered contraband being below the commercial quantity as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail 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 Ismailpur P.S. Case No. 137 of 2023, Subject to following conditions: (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.29928 of 2024(2) dt.22-04-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.

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