Patna High CourtCR. MISC./27995/2024bail granted

Sonu Kumar v. The State Of Bihar

2024-04-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27995 of 2024 Arising Out of PS. Case No.-354 Year-2023 Thana- KATIHAR (R.T) District- Katihar ====================================================== Sonu Kumar S/o Ghutar Mandal R/o vill - Rangra ward no. 8, P.s. - Rangra, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samrendra Jha, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with NDPS Case No. 66 of 2023 (G.R. No. 515 of 2023) arising out of Katihar Rail P.S. Case No. 354 of 2023 instituted for the offences under Sections 8, 20(b)(ii)(B) of the N.D.P.S. Act.

3. Prosecution case, in short, is that nine Kg. ganja like substance has been recovered in this case.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 14.11.2023 and has no criminal antecedent. There

Patna High Court CR. MISC. No.27995 of 2024(2) dt.18-04-2024 2/2 is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The recovered contraband is more than small quantity and below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Section 42 and 50 of the N.D.P.S. Act.

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, clean antecedent as also 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 N.D.P.S. Case No. 66 of 2023 (G.R. No. 515 of 2023) arising out of Katihar Rail P.S. Case No. 354 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T