Anna @ Anna Kumar @ Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42229 of 2022 Arising Out of PS. Case No.-278 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Anna @ Anna Kumar @ Ranjan Kumar S/O Suresh Ray Resident Of VillageDighi Yogi Brahm Asthan, Abdulpur, P.S.- Hajipur Sadar In The District Of Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

The Union of India through the Director Narcotics Control Bureau Patna, Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate For the Opposite Party/s :

Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No. 278 of 2020 registered for the offences punishable under Sections 414 of the Indian Penal Code and 8, 20 (b) (ii) (B), 25 and 29 of N.D.P.S. Act and Section 52 of Prisoners Act.

As per the prosecution, the police found some persons standing near motorcycle in a suspicious condition and on

Patna High Court CR. MISC. No.42229 of 2022(2) dt.22-11-2022 2/3 seeing the police they made an attempt to flee but co-accused Ranjit Kumar was apprehended at the spot and from his possession 1750 gm narcotic material suspected to be Ganja and five mobile phones were recovered and other co-accused persons managed to escape.

The main submissions advanced by the learned counsel Mr. Ranjeet Kumar appearing for the petitioner are that the petitioner was not arrested at the spot and co-accused Ranjit Kumar from whose possession the alleged contraband and other articles were recovered has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.53561 of 2021 and against the petitioner there is criminal antecedent of one case and he has been languishing in jail since 07.03.2022. Learned APP Mrs. Rina Sinha appearing for the State has opposed the bail prayer.

In view of above submissions and mainly considering the facts that co-accused from whose possession the alleged contraband was recovered is on bail and the petitioner was not apprehended at the spot and his name surfaced in the statement of Co-accused Ranjit Kumar and the alleged recovered contraband comes under the purview of lesser than commercial quantity, in the opinion of this Court a lenient

Patna High Court CR. MISC. No.42229 of 2022(2) dt.22-11-2022 3/3 approach can be taken in respect of petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Hajipur Sadar P.S. Case No. 278 of 2020. (Shailendra Singh, J.) murli/- U T