Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39029 of 2022 Arising Out of PS. Case No.-143 Year-2022 Thana- BIKRAM District- Patna ====================================================== MANOJ KUMAR Son of Late Dina Nath Verma R/v- Govindpur, P.S.- Bikram, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Upendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Special Case No. 62 of 2022 arising out of Bikram P.S. Case No. 143 of 2022 for the offence registered under Sections 8, 20(b)(ii) (A) of the N.D.P.S. Act.

The allegation is regarding the police having apprehended the petitioner and upon search 449 grams of Ganja was recovered.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is

Patna High Court CR. MISC. No.39029 of 2022(3) dt.24-01-2023 2/3 having a clean antecedent and he is languishing in custody since 30.03.2022. It is also submitted that the quantity of ganja recovered from the possession of the petitioner is much less than the commercial quantity defined in the Schedule notified under the provisions of the N.D.P.S. Act, 1985, hence, there is no impediment in granting bail to the petitioner.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the quantity of ganja recovered from the petitioner is much less than the commercial quantity defined in the Schedule notified under the provisions of the NDPS Act, 1985, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named,

Patna High Court CR. MISC. No.39029 of 2022(3) dt.24-01-2023 3/3 is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IX, Patna in connection with Special Case No. 62 of 2022 arising out of Bikram P.S. Case No. 143 of 2022. (Mohit Kumar Shah, J) S.Sb/- U T