Ankit Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35488 of 2019 Arising Out of P.S. Case No.-32 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== ANKIT GUPTA (Male), aged about 25 years, Son of Late Mritunjay Gupta @ Mukesh Gupta @ Matunjay Kumar Resident of Line Mohalla, P.S.- Kishanganj, Distt - Kishanganj.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Radha Mohan Singh, Advocate For the Opposite Party :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 27 and 29 of the Narcotic Drugs and Psychotropic Substance Act. Police arrested one Suraj Ram during checking and recovered smack from his pockets weighing 0.120 gram. Said Suraj Ram disclosed name of this petitioner from whom he had purchased the aforesaid narcotic substance.

Learned counsel for the petitioner submits that save and except the confessional statement of co-accused Suraj Ram, there is no other material against the petitioner. Petitioner is not

Patna High Court CR. MISC. No.35488 of 2019(3) dt.07-08-2019 2/2 concerned with said Suraj Ram as well as the recovery in question. Petitioner has got clean antecedent. Considering the facts aforesaid, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, 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 learned Sessions Judge-cumSpecial Judge (NDPS), Kishanganj/successor Court in connection with Special Case No.01 of 2019 arising out of Kishanganj P.S.Case No.32 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Prabhat Kumar Singh, J) B.Kr./- U T