Navnit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52004 of 2023 Arising Out of PS. Case No.-90 Year-2023 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== NAVNIT KUMAR S/O SHAMBHU PRASAD YADAV @ SHAMBHU PRASAD R/O VILLAGE- FATHEPUR WARD NO. 12, PS. BIHARIGANJ, DIST. MADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Udakishunganj P.S. Case No.90 of 2023 registered for the offence under Sections 8(c), 21(c), 25 and 30 of the NDPS Act. 3.

As per FIR, there is recovery of 200 grams of smack like substance from the possession of this petitioner. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that alleged recovery of smack like substance was not made from conscious physical possession of the petitioner and he has no concern with the alleged recovery. It is also submitted that similarly situated

Patna High Court CR. MISC. No.52004 of 2023(7) dt.26-02-2024 2/3 co-accused persons have already been granted bail by different learned co-ordinate Bench of this Court through Cr. Misc. No.45551 of 2023 on 28.07.2023 and Cr. Misc. No.52851 of 2023 on 23.08.2023. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 31.03.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Udakishunganj P.S. Case No.90 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Session Judge 1st - Cum- Special Judge, Madhepura.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every

Patna High Court CR. MISC. No.52004 of 2023(7) dt.26-02-2024 3/3 date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T