Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47482 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- KANHAULI District- Sitamarhi ====================================================== Rahul Kumar Son of Manoj Mishra Resident of Vill- Orlahiya, P.S.- Kanhauli, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Adv.

For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kanhauli P.S. Case No. 61 of 2024 dated 04.05.2024 registered for the offences punishable u/ss 8/20 (b)(ii)(B) of the N.D.P.S. Act.

3. As per the prosecution case, two miscreants boarded on a motorcycle are alleged to have tried to flee away after moving the motorcycle on seeing police. One miscreant was apprehended who disclosed his name as the petitioner. On search, 11.500 Kg. ganja was recovered from the bag of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner is not the owner of

Patna High Court CR. MISC. No.47482 of 2024(2) dt.24-07-2024 2/2 the said vehicle and he has no concern with the alleged recovery. The seized contraband is less than the commercial quantity. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Kanhauli P.S. Case No. 61 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T