Patna High CourtCR. MISC./40427/2024bail granted

Nishu Kumar @ Nikhil Kumar @ Nishu Kumari v. The State Of Bihar

2024-09-12Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40427 of 2024 Arising Out of PS. Case No.-176 Year-2024 Thana- LAHERIYASARAI District- Darbhanga ====================================================== NISHU KUMAR @ NIKHIL KUMAR @ NISHU KUMARI SON OF SRI RAM SAH RESIDENT OF VILLAGE - BELWAGANJ, P.S. - LAHERIASARAI, DISTRICT - DARBHANGA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 35715 of 2024 Arising Out of PS. Case No.-176 Year-2024 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Pratik Raj son of Pramod Kumar Agrawal Village- Balbhadrapur PsLaheriasarai Dist- Darbhanga ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 40427 of 2024) For the Petitioner/s :

Mr.Ratnakar Jha For the Opposite Party/s :

Mr.Sanjay Kumar Singh (In CRIMINAL MISCELLANEOUS No. 35715 of 2024) For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-09-2024 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.

2. The petitioners are seeking regular bail in connection with Laheriasarai P.S. Case No. 176 of 2024, registered for the offences punishable under Sections 8(c),21(c), 29 and 35 of the NDPS Act.

3. The prosecution case, in short is that the informant

Patna High Court CR. MISC. No.40427 of 2024(4) dt.12-09-2024 2/3 along with police personnel was engaged in patrolling duty and in that course, seeing the police party, the petitioner tried to flee away but they were apprehended. On search, 115 capsules were recovered from possession of petitioner Prateek Raj and 32 pieces of Tazowin Injection were recovered from possession of petitioner Nishu Kumar.

4. The learned counsel for the petitioners has submitted the petitioners are innocent and have falsely been implicated in this case. Nothing was recovered from possession of the petitioners. He has further submitted that the petitioners are the persons of clean antecedents and are under custody since 23.03.2024.

5. Considering the above-mentioned facts and circumstances, the petitioners are the persons of clean antecedents, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum Special Judge Darbhanga in connection with Laheriasarai P.S. Case No. 176 of 2024, subject to the condition that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

6. Before accepting the bail bond, the learned court

Patna High Court CR. MISC. No.40427 of 2024(4) dt.12-09-2024 3/3 below shall verify the criminal antecedent of the petitioner and if it is found that he is involved in any other case except the present one, his bail bond shall not be accepted. (Nawneet Kumar Pandey, J) Nirmal/- U T