Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45543 of 2021 Arising Out of PS. Case No.-731 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== RAUSHAN KUMAR S/o Ramratan Singh Resident of Village- Belwatiya Bypass Road Bhabua, P.S.- Bhabua, District- Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Patel For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-01-2022 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Bhabua P.S. Case no. 731 of 2020 registered for the offence punishable under sections 8, 21(b)and 27(A) of the NDPS Act. Learned counsel for the petitioner submits that petitioner is in custody since 13.11.2020, is person with clean antecedent and charge sheet has been submitted on 03.01.2021 and petitioner is person with clean antecedent and allegation of recovery of 4.5 gram of Charas from personal possession of the

Patna High Court CR. MISC. No.45543 of 2021(2) dt.12-01-2022 2/2 petitioner. Learned counsel submits that admittedly, recovery is less than small quantity and further petitioner has been falsely implicated in the present case as he was merely present at the place of occurrence where search was made.

Learned APP opposes the prayer for bail.

Considering the facts that petitioner is in jail custody, is person with clean antecedent, charge sheet has been submitted and alleged recovery is less than small quantity, the petitioner is directed to 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 the Special Judge, Kaimur at Bhabua in Bhabua P.S. Case no. 731 of 2020.

(Satyavrat Verma, J) s.hassan/- U T