Patna High CourtCR. MISC./36999/2024bail granted

Sunil Kumar v. The State Of Bihar

2024-05-20Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36999 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- ARWAL District- Jehanabad ====================================================== Sunil Kumar, Male, Aged about 50 years, S/o Late Jagdish Singh R/o Mohalla - Rashid Pur, P.S. - Arwal, Distt. - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alexander Ashok, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA 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 Arwal P.S. Case No. 83 of 2024 instituted for the offences punishable under Sections 8, 20 (b)(ii)(A) of the N.D.P.S. Act.

3. The prosecution case relates to recovery of total 900 grams of Ganja from the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concerned with alleged recovery. Nothing incriminating article has been recovered from his conscious possession. Both the seizure list witnesses are police personnel which is complete violation of

Patna High Court CR. MISC. No.36999 of 2024(2) dt.20-05-2024 2/2 Section 100 of Cr.P.C. Petitioner has got no criminal antecedent as stated in para-3 of the petition, and he is in judicial custody since 26.02.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. From perusal of the F.I.R. seizure list and impugned order dated 05.04.2024, it appears that on the basis of written report of informant F.I.R. registered against the present petitioner. The alleged recovered 900 gram of ganja is much less than the commercial quantity.

7. Considering the facts and circumstances of the case and submission made on behalf of the petitioner, let the petitioner above named 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 the learned District and Sessions Judge, Jehanabad in connection with Arwal P.S. Case No.83 of 2024.

(Ramesh Chand Malviya, J) lata/- U T