Patna High CourtCR. MISC./34404/2024bail granted

Raju Kumar v. The State Of Bihar

2024-05-06Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34404 of 2024 Arising Out of PS. Case No.-161 Year-2024 Thana- MASAUDHI District- Patna ====================================================== Raju Kumar Son of Late Ramat Prasad @ Ramat Yadav Resident of Kailuchak, P.S.- Masaurhi District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhukar Anand, Adv.

For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Special (NDPS) Case No. 44 of 2024 arising out of Masaurhi P.S. Case No. 161 of 2024 instituted for the offences under Section 8(c) and 20(b) of the Narcotics Drugs and Psychotropic Substance Act.

3. As per prosecution case, the police has recovered 50 grams of Ganja from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the

Patna High Court CR. MISC. No.34404 of 2024(2) dt.06-05-2024 2/3 present case due to ulterior motive. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The quantity of Ganja recovered is less than the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Section 42 and 50 of the N.D.P.S. Act. The petitioner has no concern with the seized contraband. There is also non-compliance of Section 100 of the Cr.P.C. The petitioner has one criminal antecedent and is languishing in judicial custody since 02.03.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having considered the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the quantity of contraband which is below the commercial quantity, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties

Patna High Court CR. MISC. No.34404 of 2024(2) dt.06-05-2024 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Special (NDPS) Case No. 44 of 2024 arising out of Masaurhi P.S. Case No. 161 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T