Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53561 of 2021 Arising Out of PS. Case No.-278 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== RANJEET KUMAR SON OF NOKHA RAI RESIDENT OF VILLAGELAL POKHAR , DIGHI, P.S- SADAR, HAJIPUR, DIST- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-09-2021 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Sadar (Hajipur) P.S. Case No. 278 of 2020 registered for the offence punishable under Section 414 of the Indian Penal Code, 1860, Sections 8/20 (b) (ii) (B) 25/29 of NDPS Act, and Section 52 of Prisoners Act.

This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by this Court vide order dated 10.3.2021 passed in Cr. Misc. 1609 of 2021 with liberty to renew his prayer for grant of regular bail after three months. The prosecution story is that during course of

Patna High Court CR. MISC. No.53561 of 2021(2) dt.22-09-2021 2/3 patrolling, the informant saw four persons including petitioner along with one bag and Motorcycle. Upon seeing the Police party, the accused persons started fleeing away and the petitioner was apprehended while others succeeded in fleeing away. Upon query by the Police, the petitioner informed that bag containing Ganja and Mobile was being thrown inside the jail on the instruction of the prisoners namely, Javed Akhtar and Jyoti Rai. It has further been alleged that the quantity of Ganja which was recovered from the bag was 1.750 grams. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case by the Police with oblique motive.

Learned counsel next submits that the quantity of Ganja allegedly recovered from the bag is less than commercial quantity and the seized Motorcycle belongs to co-accused Anna Kumar. The petitioner is in custody since 10.5.2020. Regard being had to the submission made by the parties and taking into consideration the materials on record, the fact that the Ganja allegedly recovered from the bag is less than commercial quantity and the petitioner is in custody since 10.5.

Patna High Court CR. MISC. No.53561 of 2021(2) dt.22-09-2021 3/3 bail, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Vaishali at Hajipur, in connection with Sadar (Hajipur) P.S. Case No. 278 of 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T