Krishn Rajak @ Krishna Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42755 of 2024 Arising Out of PS. Case No.-207 Year-2024 Thana- BARARI District- Bhagalpur ====================================================== Krishn Rajak @ Krishna Rajak Son Of Umesh Rajak R/M- Bari Khanjarpur, P.S.- Barari, Dist.- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Kotwali (Barai) PS Case No. 207 of 2024 instituted for the offences under Sections 21(a) & 22 of the NDPS Act. 3.
Prosecution allegation, in short, is that there is recovery of 8.8 gram brown sugar like substance 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. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits no concern with the recovered
Patna High Court CR. MISC. No.42755 of 2024(2) dt.25-06-2024 2/2 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 20-032024 and has got two criminal antecedents. 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 Kotwali (Barai) PS Case No. 207 of 2024.
(Rudra Prakash Mishra, J) Raj Kishore/- U T