Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44737 of 2024 Arising Out of PS. Case No.-136 Year-2022 Thana- KANKARBAG District- Patna ====================================================== Manish Kumar son of Shekhar Prasad @ Chandra Shekhar Singh Resident of Gali no 6, mohalla Chandmari Road Ps- kankarbhag Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, 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 Kankarbagh PS Case No. 136 of 2022 instituted for the offences under Sections 21(a), 21(b), 25 & 29 of the NDPS Act. 3.
Prosecution allegation, in short, is that there is recovery of 10.7 gram smack like substance from the possession of co-accused, namely, Atul Kumar.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner
Patna High Court CR. MISC. No.44737 of 2024(2) dt.27-06-2024 2/3 further submits that petitioner has no concern with the recovered contraband. 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. The petitioner is in custody since 24-112023 and has got three criminal antecedents. There is no compliance of Sections 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, recovery below commercial quantity and 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 Kankarbagh PS Case No. 136 of 2022, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the
Patna High Court CR. MISC. No.44737 of 2024(2) dt.27-06-2024 3/3 bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Raj Kishore/- U T