Ajay Kumar Das @ Ajay Das @ Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48071 of 2024 Arising Out of PS. Case No.-116 Year-2024 Thana- SONBERSA District- Sitamarhi ====================================================== Ajay Kumar Das @ Ajay Das @ Ajay Kumar Son of Ganesh Das Resident of Vill- Narkatiya, P.S.- Sonbarsa, District- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikash Kumar Jha, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Sonbarsa P.S. Case No. 116 of 2024, instituted for the offences under Sections 8 and 20(b)(ii)(B) of the NDPS Act.
3. Prosecution allegation, in short, is that, total 2 Kg ganja was recovered from the possession of the co-accused persons who.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner
Patna High Court CR. MISC. No.48071 of 2024(2) dt.10-07-2024 2/2 further submits that the petitioner was no arrested on spot. Name of the petitioner has transpired on the basis of confessional statement of co-accused persons. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 05.04.2024 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sonbarsa P.S. Case No. 116 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T