Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44848 of 2024 Arising Out of PS. Case No.-358 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Kishan Kumar S/O Prahalad Ram R/O Village- Surhan, P.S.- Chand, DistKaimur At Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bhabua Excise P.S. Case No. 358 of 2024 instituted for the offence under Sections 20(b)(ii)(a) & 22(A) of the NDPS Act. 3.

Prosecution case in short is that there is recovery of total 12 kgs of ganja from the possession of the co-accused, including the petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17-04-2024. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that petitioner is the driver of the e-

Patna High Court CR. MISC. No.44848 of 2024(2) dt.28-06-2024 2/2 rickshaw from where recovery is made and he was oblivious of the illicit contraband being laden in the vehicle, as the same was carried by the passengers therein. 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. Lastly, it is submitted that there is no compliance of Sections 42 and 50 of the NDPS Act. Other co-accused has been granted bail by this Court vide order dated 19-06-2024, passed in Cr. Misc. No. 41332 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, recovery below commercial quantity and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner. 8.

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 Bhabua Excise P.S. Case No. 358 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T