Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48266 of 2024 Arising Out of PS. Case No.-454 Year-2022 Thana- KISHANGANJ District- Kishanganj ====================================================== 1.

Golu Kumar S/o- Lalu Ray Mohalla- Kachauri Gali Near Chhoti Mandir Patna City PS- City Chowk District- Patna 2.

Santosh Kumar S/o- Late Ram Pravesh Ray Village- Kaladiyara PO -Bakhtiyarpur PS- Salimpur District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niraj Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

Earlier the bail applications of the petitioners were rejected vide order dated 28.08.2023, passed in Cr. Misc. No. 37532 of 2023 and order dated 30.08.2023, passed in Cr. Misc. No. 24627 of 2023 respectively. The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 420 468 of the Indian Penal Code and Sections 8/20(b)(ii)(c), 22(c), 29 of NDPS Act.

Patna High Court CR. MISC. No.48266 of 2024(2) dt.12-07-2024 2/3 It is a case of recovery of 62.740 kgs of Ganja from a Hyundai Verna Car and three persons including the petitioners were arrested.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. The provision of Section 50 of the N.D.P.S. Act has not been followed in this case. Moreover, the petitioners are languishing in judicial custody since 22.11.2022 and 23.11.2022 respectively. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Similarly situated co-accused, namely, Kiran Lohar has already been granted bail vide order dated 26.04.2024, passed in Cr. Misc. No. 22618 of 2024.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.48266 of 2024(2) dt.12-07-2024 3/3 circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with kishanganj P.S. Case No. 454 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I-cum-Special Judge (NDPS Act), Kishanganj.

(Sunil Kumar Panwar, J) Nirajkrs/- U T