Nanhku Mishra @ Ratnesh Kumar Mishra @ Chandan Nanku Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35182 of 2021 Arising Out of PS. Case No.-21 Year-2021 Thana- BHORE District- Gopalganj ====================================================== NANHKU MISHRA @ RATNESH KUMAR MISHRA @ CHANDAN NANKU MISHRA Son of Jagdish Mishra Resident of Village- Dheghawa, P.S.- Bhore, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Thakur, Adv.

Ms.Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-01-2022 Heard learned counsel for the parties via video conferencing.

Petitioner seeks regular bail in connection with Tr. No. 06 of 2021 arising out of Bhore P.S. Case No. 21 of 2021 registered for the offence under Section 20 (b)(ii)(B), 22, 23, 24, 25 & 27 of the Narcotic Drugs and Psychotropic Substances Act.

Prosecution case in brief is that a TUV Car was intercepted by the Police which was being driven by the petitioner and from the back seat of the Car a total quantity of 465 grams of "Charas" was recovered.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case by the Police with oblique motive. He further submits that "Charas" which has allegedly been recovered from the Car in question is not of commercial quantity and the petitioner has got no criminal

Patna High Court CR. MISC. No.35182 of 2021(2) dt.04-01-2022 2/2 antecedent of similar nature of offence. He next submits that there is no likelihood that the petitioner will commit similar offence under the N.D.P.S. Act in future. He further submits that petitioner is in custody since 21/01/2021 and charge sheet has already been submitted.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that "Charas" which has been recovered from the Car is not of commercial quantity and the petitioner is in custody since 21-01-2021 having no criminal antecedent of similar nature of offence, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Gopalganj in connection with Tr. No. 06 of 2021 arising out of Bhore P.S. Case No. 21 of 2021.

(Anil Kumar Sinha, J) praful/- U T