Himanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38546 of 2024 Arising Out of PS. Case No.-93 Year-2024 Thana- JANKINAGAR District- Purnia ====================================================== Himanshu Kumar Son of Jay Kishor Yadav R/O Village- Kali Mandir Tola, P.S.- Jankinagar, Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Jankinagar P.S. Case No. 93/2024 dated 17.03.2024 registered for the offence punishable u/s 8(c) and 21(b) of the N.D.P.S. Act.

3. As per the prosecution case, total 4.81 grams smack (brown sugar) was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from

Patna High Court CR. MISC. No.38546 of 2024(3) dt.22-07-2024 2/3 the conscious possession of the petitioner. The seized contraband is less than commercial quantity. The other coaccused person has already been granted bail by this court vide order dated 24.06.2024 passed in Cr. Misc. No. 42093/2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnia in connection with Jankinagar P.S. Case No. 93/2024, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to

Patna High Court CR. MISC. No.38546 of 2024(3) dt.22-07-2024 3/3 be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T