Manishankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37097 of 2021 Arising Out of PS. Case No.-180 Year-2021 Thana- SITAMARHI District- Sitamarhi ====================================================== Manishankar Kumar Son Of Ram Ujagar Rai Resident of Village - Tandaspur, P.S.- Bathnaha, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sitamarhi P.S. Case No. 180 of 2021 instituted for the offences under Sections 8, 20(b)(ii)(c) and 22 of the N.D.P.S. Act. Learned counsel for the petitioner submits that the petitioner is in custody since 08.03.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleges that from the right pocket of the pant of this petitioner, 100 grams ganja and from the left pocket of his pant, Rs. 40,990/- were alleged to have been recovered.

Patna High Court CR. MISC. No.37097 of 2021(2) dt.07-12-2021 2/2 Learned counsel for the petitioner submits that as far as allegation of recovery of ganja is concerned, the same is less than small quantity and as far as money is concerned, the same belongs to the petitioner and it is not the case of the prosecution that the aforesaid money was stolen money.

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 08.03.2021, charge-sheet has been submitted in the case, the petitioner is a person with clean antecedent and the alleged recovery of ganja is less than small quantity, 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 Special Judge, Sitamarhi in connection with Sitamarhi P.S. Case No. 180 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T