Patna High CourtCR. MISC./40582/2024bail granted

Budhan Bind v. The State Of Bihar

2024-06-05Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40582 of 2024 Arising Out of PS. Case No.-139 Year-2024 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== BUDHAN BIND SON OF LATE RAMBACHAN BIND RESIDENT OF VILLAGE - DHANARI, P.S. - KUDRA, DISTRICT - KAIMUR AT BHABUA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-06-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Kudra P.S. Case no.139 of 2024 registered under sections 8(c) and 21(a) of the NDPS Act.

3. As per the prosecution case, a total of 1.36 grams of heroin was recovered from the accused Ajit Dubey and Harendra Bind. The informant further states that the accused persons disclosed that they had purchased heroin from the petitioner for Rs.500/-. The informant states that on reaching the petitioner's house, he made an attempt to escape but was caught and on search Rs. 500/- was recovered from his pocket.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.40582 of 2024(2) dt.05-06-2024 2/2 petitioner, who has no criminal antecedent, has been falsely implicated in the case. No incriminating article has been recovered from his possession. The only material against him is the statement of co-accused made before police. He is in custody since 19.4.2024 and undertakes to cooperate in the trial.

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

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, no narcotic drug or substance having been recovered from the petitioner's possession, his having remained in custody since 19.4.2024 and not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Kudra P.S. Case no.139 of 2024 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 Sessions Judgecum-Special Judge, Kaimur at Bhabua. (Partha Sarthy, J) Shiv/- U T