Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44940 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- RUPAULI District- Purnia ====================================================== Ritesh Kumar Son of Vinod Singh @ Binod Singh R/O Vill.- Navtoliya, P.S.- Mohanpur, Dist.- Purnea ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Rupauli P.S. Case No. 72 of 2024, registered for the offences punishable under Sections 8(c) and 20(b)(ii) of NDPS Act.

3. As per allegation, 2.11 kilogram ganja was recovered from 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. He is a person of clean antecedent. Learned counsel has further submitted that the seizure list was prepared at 15.45 hours and FIR was registered at 17.45 hours but the case no. was mentioned in the seizure list. When the FIR was registered subsequent to the seizure list how the case number be there in the seizure list. As per his

Patna High Court CR. MISC. No.44940 of 2024(2) dt.02-07-2024 2/2 submission, this fact makes the prosecution case suspicious. The petitioner is under custody since 24.04.2024.

5. Considering the above-mentioned facts and circumstances as well as the clean antecedents, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge NDPS, Act, Purnea in connection with Rupauli P.S. Case No. 72 of 2024, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/- U T