Rajan Kumar @ Nikki v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41431 of 2024 Arising Out of PS. Case No.-1005 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== Rajan Kumar @ Nikki Son of Om Prakash Choudhary Resident of VillagePasi Tola, P.S- Lalmatiya (Nathnagar), Dist- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Nathnagar PS Case No. 1005 of 2023 instituted for the offences under Sections 21 & 22 of the NDPS Act.
3.
Prosecution allegation, in short, is that there is recovery of 21.15 gm smack from the possession of the petitioner.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner
Patna High Court CR. MISC. No.41431 of 2024(2) dt.19-06-2024 2/2 further submits petitioner has no concern with the recovered contraband. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 04-122023 and has got two criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. 5.
Learned A.P.P. 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, recovery below commercial quantity and the period of custody undergone by the petitioner, 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 Nathnagar PS Case No. 1005 of 2023.
(Rudra Prakash Mishra, J) Raj Kishore/- U T