Mithilesh Kumar @ Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46723 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Mithilesh Kumar @ Mithlesh Kumar S/o Harendra Ram R/o Village-Sisai, P.S.-Bhorey, District-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered under Sections-8(c) & 21(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. The prosecution case, in short, is that in course of checking of the vehicles, the informant saw five persons on two motorcycles were proceeding on Bhorey-Bhingari Road. The motorcyclists, seeing the police party tried to flee away but they were caught and out of them, one was the petitioner. On search, 5 Puriyas of smack were recovered from the pocket of the petitioner whereas from other accused also, smack was recovered. The weight of recovered smack was 3.6 grams.

Patna High Court CR. MISC. No.46723 of 2024(2) dt.09-07-2024 2/2

4. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 09-04-2024. It is alleged that total 3.6 grams of smack is recovered from the accused persons including the petitioner. The recovered smack is less than commercial quantity.

5. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

6. Considering the aforesaid facts and circumstances, specially the fact that the petitioner has got no criminal antecedent and the recovered smack is less than commercial quantity, let the petitioner, above named, 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 the learned Sessions Judge, Gopalganj in connection with Bhorey P.S. Case No. 83 of 2024 with condition that the petitioner shall cooperate with the trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) A.K.V.//- U T