Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36480 of 2021 Arising Out of PS. Case No.-105 Year-2021 Thana- SHASTRINAGAR District- Patna ====================================================== Manoj Kumar S/O Late Bajrangi Saw R/O Baraki Baleyari, P.S.-Bikram, A/P Shekhpura, P.S-Shastri Nagar, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-12-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.

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

The petitioner seeks regular bail in connection with Shashtri Nagar P.S. Case No. 105 of 2021 instituted for the offences under Sections 18 and 20 of the N.D.P.S. Act. Learned counsel for the petitioner submits that the petitioner is in custody since 01.03.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation is of recovery of 1 kg 525 grams of ganja from 375

Patna High Court CR. MISC. No.36480 of 2021(2) dt.03-12-2021 2/2 packets and 38 cigarette packets kept in a bag being carried by this petitioner.

Learned counsel for the petitioner submits that from perusal of the allegation it would manifest that the alleged recovered ganja is a little more than small quantity but much less than commercial quantity and presently this allegation is in the realm of allegation only and petitioner is a person with clean antecedent.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 01.03.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Spl. Judge, Patna in connection with Shashtri Nagar P.S. Case No. 105 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T