Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 44195 of 2024 Arising Out of PS. Case No.-75 Year-2024 Thana- GOH District- Aurangabad ====================================================== Raju Kumar Son Of Baiju Saw Village- Teli Tola, P.S. Goh, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avanish Singh, Adv.

For the State :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-07-2024 Heard Mr. Avinash Singh, learned advocate for the petitioner and Mr. Ram Bilash Roy Raman, learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail, who is in custody in connection with Goh P.S. Case No. 75 of 2024 registered for the offence punishable under Sections 8, 20(b)(ii)(B), 25 and 29 of the N.D.P.S. Act.

3. In course of patrolling the police personnel apprehended the petitioner and on search allegedly 35 gm Ganja has been recovered from his possession apart from other articles.

4. Learned advocate for the petitioner referring to the F.I.R. contended that apart from various other infirmities in the search and seizure, the alleged recovered Ganja like substance

Patna High Court CR. MISC. No. 44195 of 2024(2) dt.03-07-2024 2/3 is under small quantity for which punishment is prescribed only for one year and now the petitioner has been incarcerated for a period of about three months. It is also submitted that investigation of the crime is complete and moreover the petitioner is a man of clean antecedent and he undertakes that he will fully co-operate in the proceedings.

5. On the other hand, learned APP for the State vehemently opposes the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that the alleged recovered Ganja like substance is under the small quantity and he has been incarcerated for about three months, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (N.D.P.S.)-cum-1st District and Sessions Judge, Aurangabad in connection with Goh P.S. Case No. 75 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will co-operate in conclusion of the trial.

Patna High Court CR. MISC. No. 44195 of 2024(2) dt.03-07-2024 3/3 (ii) He will remain present on each and every date of trial till disposal of the case.

(Harish Kumar, J) Arish/- U T