Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33617 of 2024 Arising Out of PS. Case No.-131 Year-2024 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Ankit Kumar, aged about 25 years, Male, Son of Ashok Mandal, R/oBudanath Sakichand Ghat, P.S.- Jogsar, Dist.- Bhagalpur. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

The Union of India. New Delhi.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Rajive Ranjan Singh, Advocate For the State :

Mrs. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Kotwali P.S. Case No. 131 of 2024 and N.D.P.S. Case No. 20 of 2024 dated 16.02.2024 registered for the offences punishable under Sections 21(b) and 22 of the N.D.P.S. Act.

3. As per the prosecution case, total 50 Gram of Brown Sugar (Smack), one mobile phone and Rs. 1060/- in cash are said to have been recovered from possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.33617 of 2024(2) dt.09-05-2024 2/2 this case. It is further submitted that there is no compliance of Section 42 of the N.D.P.S. Act. The seized contraband is less than commercial quantity. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 17.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bhagalpur in connection with Kotwali P.S. Case No. 131 of 2024 and N.D.P.S. Case No. 20 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T