Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45551 of 2023 Arising Out of PS. Case No.-90 Year-2023 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== SUMIT KUMAR S/O- Radhe Yadav, R/O Village- Fathepur, Ward No. 12, P.S.- Bihariganj, Dist. Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-07-2023

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

2. Petitioner seeks regular bail in connection with Udakishanganj P.S. Case No. 90 of 2023 dated 29.03.2023 registered for the offences punishable under Sections 8(c), 21(c), 25 and 30 of the N.D.P.S. Act.

3. The main submissions advanced by learned counsel Mr. Ranjay Kumar Singh appearing for the petitioner are that though the instant matter relates to the recovery of 600 grams of Smack like material but if the recovery which is stated to have been made specifically from the possession of this petitioner is taken into account then the allegation concerned to this petitioner comes in the purview of keeping intermediate quantity of alleged narcotic material in his possession and the petitioner has been languishing in jail since 31.03.2023 having

Patna High Court CR. MISC. No.45551 of 2023(2) dt.28-07-2023 2/2 fair and clean antecedent and against him, the investigation has been completed.

4. Learned APP Mr. Ram Anurag Singh appearing for the State has opposed the prayer for bail.

5. Having regard to the facts and circumstances of this case, considering the above submissions and mainly petitioner's fair and clean antecedent and completion of investigation against him and also, the fact that the alleged suspected contraband of narcotic material which is stated to have been recovered from the conscious possession of this petitioner falls in the purview of intermediate quantity, in my opinion, the petitioner deserves to a lenient approach of this Court. Accordingly, let the petitioner named-above be enlarged 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 Udakishanganj P.S. Case No. 90 of 2023.

(Shailendra Singh, J.) Maynaz/- U T