Patna High CourtCR. MISC./38897/2024allowed

Abhishek Kumar v. The State Of Bihar

2024-07-26Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38897 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- FATUA District- Patna ====================================================== Abhishek Kumar Son of Yogendra Paswan, Resident of Vilage- Govindpur, Kurtha (Goraiya Asthan), P.S. - Fatwah, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sudish Kumar, Advocate.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Special Case No.56 of 2024 arising out of Fatuhan P.S. Case No.05 of 2024, registered for the offences punishable under Sections 8(c)/20/22 of the N.D.P.S. Act.

3. As per the prosecution case, on secret information the informant arrested two accused persons and from their possession total 11 kg ganja was recovered from their bag.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the alleged recovery of 6 kg. ganja from the bag of petitioner is below the commercial quantity. Learned counsel submits that petitioner has no criminal

Patna High Court CR. MISC. No.38897 of 2024(3) dt.26-07-2024 2/2 antecedent, he is in custody since 07.01.2024 and charge sheet has already been filed in this case. He further submits that there is no chance of absconding of the petitioner or tampering with the evidence. He also submits that petitioner undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, (N.D.P.S. Act) Court No.Ist, Patna in connection with Special Case No.56 of 2024 arising out of Fatuhan P.S. Case No.05 of 2024.

(Sunil Dutta Mishra, J) Ritik/- U T