Patna High CourtCR. MISC./41749/2024bail granted

Shashi Kumar v. The State Of Bihar

2024-08-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41749 of 2024 Arising Out of PS. Case No.-633 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SHASHI KUMAR S/O SANJAY SAH @ SANJAY RAM R/O VILLAGEMURADPUR DULLA, P.S- AHIYAPUR, DISTT.- MUZAFFARPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar S.K., Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-08-2024

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for bail in connection with N.D.P.S. Case no.112 of 2023 (arising out of Ahiyapur P.S. Case no.633 of 2023) registered under section 414 of the Indian Penal Code and sections 8(c) and 21(b) of the N.D.P.S. Act.

3. As per the prosecution case, a total of 11.25 gms of smack was recovered from the two accused persons of which 5.85 gms of smack was recovered from this petitioner.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 17.10.2023 passed in Cr. Misc. no.66770 of 2023 with liberty to the petitioner to renew his prayer for bail on completing one year in custody or after framing of charge,

Patna High Court CR. MISC. No.41749 of 2024(3) dt.09-08-2024 2/2 whichever is later. The charge has been framed against the petitioner vide order dated 23.8.2023 brought on record as Annexure-P/2 to the supplementary affidavit. The petitioner is in custody since 23.5.2023.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and having perused the material on record specially the charge having been framed against the petitioner vide order dated 23.8.2023 together with the petitioner having remained in custody for more than 1 year 2 months, the Court directs the petitioner to be enlarged on bail in connection with N.D.P.S. Case no.112 of 2023 (arising out of Ahiyapur P.S. Case no.633 of 2023) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 11th, Muzaffarpur.

(Partha Sarthy, J) Saurabh/- U T