Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43840 of 2021 Arising Out of PS. Case No.-12 Year-2021 Thana- CHHAURADANO District- East Champaran ====================================================== JITENDRA KUMAR S/O SRI BALDEO MAHTO @ BALDEV PRASASD R/o village- Budhwaha Ward No. 6, P.S.- Chhauradano. District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Mukeshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-02-2022 Heard Mr. Abhishek Kumar, learned counsel for the petitioner and Mr. Mukeshwar Dayal, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with N.D.P.S. Case No. 05 of 2021 arising out of Chhauradano P.S. Case No. 12 of 2021 registered for the offence punishable under Sections 20(b) (ii) A, 23(a) and 25 of Narcotic Drugs and Psychotropic Substance Act. As per the First Information Report, 1 Kg. of Ganja has allegedly been recovered from possession of the petitioner. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and at the time of seizure of Ganja, the procedure prescribed under Section 42 of the NDPS Act was not followed. He further submits that the petitioner is in custody since 14.01.2021, charge sheet has already been submitted and the

Patna High Court CR. MISC. No.43840 of 2021(2) dt.04-02-2022 2/2 quantity of Ganja recovered from possession of the petitioner, is small quantity.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent, he is in custody since 14.01.2021, charge sheet has already been submitted and the Ganja recovered from possession of the petitioner is small quantity, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Motihari, East Champaran, in connection with N.D.P.S. Case No. 05 of 2021 arising out of Chhauradano P.S. Case No. 12 of 2021. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing. (Anil Kumar Sinha, J) S.Ali/- U T