Patna High CourtCR. MISC./56399/2021bail granted

Manish Kumar v. The State Of Bihar

2022-02-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56399 of 2021 Arising Out of PS. Case No.-174 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Manish Kumar Son Of Late Karu Yadav R/O Village- Badik Khaujarpur, P.S. Kotwali (BARARI) , District- Bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Dwivedi For the Opposite Party/s :

Mr. Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kotwali (Barari) P. S. Case No.174 of 2021, (NDPS) Case No.17 of 2021, instituted for the offences under Sections 20 and 22 of the N.D.P.S. Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 13.03.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

Allegation is of recovery of 0.78 milligram of brown sugar (smack) kept in a match box from the possession of the petitioner.

Patna High Court CR. MISC. No.56399 of 2021(2) dt.23-02-2022 2/2 The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and even presuming what has been alleged, is true without admitting the same, the alleged recovery is much less than small quantity and it is the first offence of the petitioner. Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in this case and has remained in custody for more than an year, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Bhagalpur in connection with Kotwali (Barari) P. S. Case No.174 of 2021, (NDPS) Case No.17 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T