Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36674 of 2024 Arising Out of PS. Case No.-142 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== Bittu Kumar Son of Pappu Saw Resident of Village- Khalilpur, P.S.- Phulwarisharif, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Phulwarisharif P.S. Case No. 142 of 2024 instituted for the offence under Section 8(c), 21(a) of the Indian Penal Code. 3.

Prosecution case in short is that there is recovery of two sachets containing 0.06 grams of smack was recovered from his possession and total six sachets containing 0.18 grams of smack was recovered from the possession of the three accused persons.

Patna High Court CR. MISC. No.36674 of 2024(2) dt.21-05-2024 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30-01-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that petitioner has no concern with the recovered contraband. The recovered contraband is below the small quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and recovery below small quantity, this Court is inclined to grant bail to the petitioner.

8.

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

Patna High Court CR. MISC. No.36674 of 2024(2) dt.21-05-2024 3/3 Court below/concerned Court in connection with Phulwarisharif P.S. Case No. 142 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T