Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30696 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Prakash Kumar Son Of Mr. Lal Babu Prasad Resident Of Village - Srirampur, P.S. - Bihta, Distt. - Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Ara Mufassil P.S. Case No.31 of 2023 registered for the offence under Sections 20, 27 and 29 of the N.D.P.S. Act. The accused/petitioner is named in the F.I.R. and is in custody since 24.01.2023.
The allegation against the petitioner is to have in possession of 50 grams contraband i.e., heroine like substance alongwith other co-accused persons.
Learned counsel appearing on behalf of the petitioner submitted that alleged contraband i.e., heroine like substance was recovered from co-accused, Mukesh Kumar, and this petitioner implicated in the present case only for the reason he
Patna High Court CR. MISC. No.30696 of 2023(3) dt.05-07-2023 2/3 was sitting inside the car having no knowledge about contraband. It is submitted that from the narration of the F.I.R. it can be gathered safely that the alleged recovery not appears to be made from the conscious physical possession of this petitioner. It is further submitted that recovered quantity is less than commercial quantity, therefore implication of Section 37 of the N.D.P.S. Act not appears to be applicable in the present case. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, opposes the prayer for bail.
In view of the facts and circumstances as mentioned above as alleged contraband i.e., heroine like substance was recovered from co-accused and not from the conscious physical possession of this petitioner, which is less than commercial quantity coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 24.01.2023, accordingly petitioner, above named, is directed to be released on bail in connection with Ara Mufassil P.S. Case No.31 of 2023
Patna High Court CR. MISC. No.30696 of 2023(3) dt.05-07-2023 3/3 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, N.D.P.S. Act, Bhojpur at Ara/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T