Sushant Ravi Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31160 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- JANKINAGAR District- Purnia ====================================================== Sushant Ravi Das Son of Subodh Ravi Das Resident Of Village- Jainpur, PsWastonagar, Dist- Malda, West Bengal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bidhu Ranjan, Advocate For the Opposite Party/s :
Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Jankinagar P.S. case No. 22 of 2024 instituted for the offences under Sections 8(c), 21(b) of the N.D.P.S. Act.
3. Prosecution case, in short, is that 15 grams of smack (brown sugar) 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 17.01.2024 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from
Patna High Court CR. MISC. No.31160 of 2024(2) dt.30-04-2024 2/2 the conscious possession of the petitioner. The recovered contraband is above the small quantity but far below the 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, the recovered contraband being less than commercial quantity 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 Jankinagar P.S. case No. 22 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T