Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32356 of 2023 Arising Out of PS. Case No.-397 Year-2019 Thana- JAKKANPUR District- Patna ====================================================== Sunny Kumar Son of Shyam Babu Sharma, Resident of Madanlal Gali, Chiraiyatar Gali No. 1, P.S. - Kankarbagh, Distt. - Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Kumar, Adv.

For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-06-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Jakkanpur P.S. Case No.397 of 2019 (Special Case No.148 of 2019) dated 02.07.2019, lodged under Sections 21(b)(ii), 25, 27 of N.D.P.S. Act.

4. As per the prosecution case, F.I.R. has been lodged against three named accused persons including the present petitioner. Recovery of about 7.5 gm (15 pudiya) of Heroin is the subject matter of the present case.

5. Learned counsel for the petitioner submits petitioner has not been apprehended from the place of occurrence and his name has been figured in this case by virtue of confessional statement of persons apprehended from the place of occurrence,

Patna High Court CR. MISC. No.32356 of 2023(2) dt.28-06-2023 2/2 from whose possession 15 pudiya equivalent to 7.5gm Heroin has been recovered.

6. Counsel further submits that petitioner is in custody since 16.12.2022, having clean antecedent.

7. Counsel for the petitioner submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.

8. Learned counsel for the State opposes the prayer for bail.

9. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XVII, Patna in connection with Jakkanpur P.S. Case No.397 of 2019 (Special Case No.148 of 2019), subject to the conditions as laid down under Section 437(3) of Cr.P.C.

10. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ashishsingh/- U T