Suman Kumar Gupta @ Dhallo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43048 of 2024 Arising Out of PS. Case No.-3 Year-2024 Thana- KHAGARIA RAIL P.S. District- Khagaria ====================================================== Suman Kumar Gupta @ Dhallo Son Of Ashok Prasad Gupta Resident Of Village / Mohalla - Naya Tola, Ward No. 35, P.S. - Katihiar Town, District - Katihar, At Present Bhola More, New Jhapaiguri, P.S. - Bhakti Nagar, District - Jalpaiguri (WEST Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghvendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-07-2024 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 Khagaria Rail P.S. Case No. 03 of 2024 dated 10.01.2024 registered for the offence/s punishable u/ss 8, 20(B)(ii)(B), 29 of the NDPS Act.

3. As per the prosecution case, total 6 kgs. of Ganja and one mobile phone were 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. The seized contraband is less than commercial

Patna High Court CR. MISC. No.43048 of 2024(2) dt.01-07-2024 2/2 quantity. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.01.2024.

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 abovenamed, 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, Khagaria in connection with Khagaria Rail P.S. Case No. 03 of 2024, with the condition/s-:

(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 bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

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