Rajnish Kumar @ Tulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27718 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- FATUA District- Patna ====================================================== RAJNISH KUMAR @ TULLA Son of Rakesh Kumar R/V- Mirjapur Nohta, PS- Fatuha Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Fatua P.S. Case No. 04 of 2023 registered for the offence under Sections 30(a), 37(2) of Bihar Prohibition Excise (Amendment) Act, 2018 and Section 20, 22 of NDPS Act.

Learned counsel for the petitioner submits that small quantity of Ganja i.e. 510 g.m. and 750 m.l. of liquor was recovered from the possession of the petitioner and the petitioner is in custody since 04.01.2023.

Learned A.P.P. has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.27718 of 2023(2) dt.15-05-2023 2/2 Considering the period of custody and the recovery, this application for regular bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Exclusive Special Judge, Excise-Patna City, Patna in connection with Fatuha P.S. Case No. 04 of 2023. The trial Court is directed to educate the petitioner that if he pleads guilty under the NDPS Act, then the maximum punishment is of one year.

(Sandeep Kumar, J) Vikas/- U