Priyanshu Kumar @ Priyanshu Kumar Raj @ Guddu Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37868 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- JANKINAGAR District- Purnia ====================================================== Priyanshu Kumar @ Priyanshu Kumar Raj @ Guddu Jaiswal Son of Vidyanand Jaiswal R/O Village- Rampur Tilak, P.s.- Jankinagar Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Praveen For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jankinagar P.S. Case No. 22 of 2024 instituted for the offences punishable under Sections 8(c) and 21(b) of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 15 gm of brown sugar like substance from the possession of coaccused Sushant Ravidas.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner was not apprehended on spot. The name of the petitioner has come into light on the basis of confessional statement of apprehended co-accused. Charge-sheet has been

Patna High Court CR. MISC. No.37868 of 2024(2) dt.16-05-2024 2/3 submitted in this case. No incriminating article has been recovered from the conscious possession of the petitioner and he has no concern with the alleged recovery and it is below commercial quantity. Hence Section 37 of the NDPS Act is not applicable in this case. He further submitted that from whose possession the contraband article has been recovered has already been granted bail by this Court vide order dated 30.04.2024 passed in Cr. Misc. No. 31160 of 2024. The petitioner is in custody since 20.03.2024 and has three criminal antecedents. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, no contraband article has been recovered from the possession of the petitioner as well as the period of custody undergone by him, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Jankinagar P.S. Case

Patna High Court CR. MISC. No.37868 of 2024(2) dt.16-05-2024 3/3 No. 22 of 2024, Subject to following conditions: (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Arish/- U T