Praveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27404 of 2023 Arising Out of PS. Case No.-470 Year-2022 Thana- BAISI District- Purnia ====================================================== Praveen Kumar S/O Bipin Prasad Sah @ Bipin Kumar Sah Resident of Village- K.B. Lal Road, Nathnagar, P.S.- Nathnagar, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Adv.

For the Opposite Party/s :

Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special Case No.06 of 2023 (NDPS Act) arising out of Baisi P.S. Case No. 470 of 2022 dated 26.11.2022 lodged under Sections 8, 20(b) (ii) (B) of the N.D.P.S. Act. As per the prosecution case, the total recovery of 7 kg Ganja has been subject matter of the present case. From the petitioner's possession, only 1.900 kg Ganja has been recovered.

Learned counsel for the petitioner submits that petitioner is in custody since 27.11.2022 having clean

Patna High Court CR. MISC. No.27404 of 2023(2) dt.05-06-2023 2/2 antecedent. Counsel further submits that the said quantity is much less than the commercial quantity. Counsel submits that the petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.

Learned counsel for the State opposes the prayer for bail and submits that the quantity recovered is less than the commercial quantity.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, NDPS Act, Purnea in connection with Special Case No.06 of 2023 (NDPS Act) arising out of Baisi P.S. Case No. 470 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T