Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41530 of 2024 Arising Out of PS. Case No.-93 Year-2024 Thana- JANKINAGAR District- Purnia ====================================================== Brajesh Kumar Son Of Suresh Yadav @ Suresh Prasad Yadav Resident Of Village - Jhalighat, P.S. - Jankinagar, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-06-2024 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 Jankinagar P.S. Case No. 93 of 2024 dated 17.03.2024 registered for the offences punishable u/ss 8(c) and 21(b) of N.D.P.S. Act.

3. As per the prosecution case, on secret information, police raided the house of the petitioner. On search, 11.23 gm. smack (Brown Sugar), mobile with SIM and Rs. 25,100 /- in cash 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. Learned counsel has further submitted that the petitioner has no concern with the alleged recovery. It is further submitted that

Patna High Court CR. MISC. No.41530 of 2024(2) dt.19-06-2024 2/2 the seized contraband is less than the commercial quantity. The petitioner has two criminal antecedents which are not related to similar nature of offence as stated in para 3 of the bail petition. The petitioner is in custody since 17.03.2024.

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, Purnea in connection with Jankinagar P.S. Case No. 93 of 2024 with the condition :- (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 bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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