P.S. Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44499 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- RUPAULI District- Purnia ====================================================== P.S. Kumar S/o Late Kailash Singh @ Late Kailash Sinh R/o Navtoliya, P.S. - Mohanpur, Distt. - Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Fazle Karim, Advocate For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Rupauli P.S. Case No. 72 of 2024 instituted for the offences under Sections 8(c), 20(b)(ii) of the N.D.P.S. Act.
3. Prosecution case, in short, total 15.015 Kg. ganja has been recovered from bus out of which 4.785 Kg. ganja has been recovered from this petitioner.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 24.04.2024 and has no criminal antecedent. There
Patna High Court CR. MISC. No.44499 of 2024(2) dt.27-06-2024 2/2 is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Section 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, clean antecedent as also 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 Rupauli P.S. Case No. 72 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T