Patna High CourtCR. MISC./36730/2023bail granted

Jyotish Kumar v. The State Of Bihar

2023-07-07Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 36730 of 2023 Arising Out of PS. Case No.-68 Year-2023 Thana- KUMAR KHAND District- Madhepura ====================================================== JYOTISH KUMAR Son of Radhe Shyam Chaudhary Resident of Daparkha, ward no. 27, P.s. - Triveni Ganj @ Tribeni Gaj, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s Sujeet Kr Singh, Alka Singh, Nikhil Singh, Advocates For the Opposite Party/s :

Mr Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and the learned APP.

The petitioner has preferred this application for grant of regular bail in connection with Kumarkhand PS Case No 68 of 2023 dated 03.03.2023 registered for the offence punishable under Sections 20, 21 and 22 of the NDPS Act. As per the prosecution case, 5 grams of smack was recovered from the left side of the pocket of the pant of the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner bears clean antecedents as stated in paragraph 3 of the bail petition. He is in custody in this case

Patna High Court CR. MISC. No.36730 of 2023(2) dt.07-07-2023 2/2 since 04.03.2023. It is further submitted that the said contraband is not of commercial quantity.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the recovery of small quantity of smack, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge I -cum- Special Judge, Madhepura in Kumarkhand PS Case No 68 of 2023 dated 03.03.2023.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T