Sumit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35292 of 2024 Arising Out of PS. Case No.-104 Year-2023 Thana- INARWA District- West Champaran ====================================================== Sumit Kumar Son of Laxmi Prasad R/O Village -Narkatia P.S -Shikarpur District-West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramendra Bharti, Adv.
For the Opposite Party/s :
Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Inarwa P.S. Case No. 104 of 2023 instituted for the offences under Section 414 of the Indian Penal Code and Sections 8, 20(B), (ii) (B), 23(b) of the N.D.P.S. Act.
3. As per prosecution case, the police has recovered total two kilogram 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.35292 of 2024(2) dt.20-05-2024 2/3 present case due to suspicion and ulterior motive. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is no eyewitness to the alleged occurrence. The petitioner has also no concern with the seized contraband. 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 criminal antecedent and is languishing in judicial custody since 17.12.2023 without any rhymes or reason. Charge-sheet has been submitted in this case.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the petitioner is named in the F.I.R. and the offence alleged is serious in nature.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent,
Patna High Court CR. MISC. No.35292 of 2024(2) dt.20-05-2024 3/3 let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Inarwa P.S. Case No. 104 of 2023.
(Rudra Prakash Mishra, J) rishi/- U T