Patna High CourtCR. MISC./26381/2023bail granted

Rajeev Kumar v. The State Of Bihar

2023-05-24Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26381 of 2023 Arising Out of PS. Case No.-100 Year-2023 Thana- SONEPUR District- Saran ====================================================== Rajeev Kumar, Son of Sahdev Paswan, House Number 24, Hazipur Hela Bazar ,Police Station -Hazipur, District Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Singh, Advocate For the Opposite Party/s :

Ms. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Sonepur (Hariharnath O.P.) P.S. Case No. 100 of 2023 dated 12.02.2023 registered for the offences punishable under Sections 8/20 (b) (ii) (A) of the N.D.P.S. Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 1.85 gms of smack like material from the petitioner's house and the alleged contraband comes in the purview of small quantity and petitioner is a 55% disabled person and he is disabled from right side PPP right upper limb and right lower limb as per certificate issued by the concerned authority which has been filed with this petition vide Annexure-

Patna High Court CR. MISC. No.26381 of 2023(2) dt.24-05-2023 2/2 2 and petitioner has been languishing in jail since 12.02.2023 having fair and clean antecedent.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the quantity of alleged contraband which is stated to have been recovered from the petitioner's house and his fair and clean antecedent as well as his custody period, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Sonepur (Hariharnath O.P.) P.S. Case No. 100 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T