Patna High CourtCR. MISC./48824/2024bail granted

Kundan Kumar v. The State Of Bihar

2024-07-18Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 48824 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Kundan Kumar Son of Sri Ramashish Rai R/O Vill.- Jethua bag tola, P.S.- Town, Hajipur, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niraj Kumar with Ms. Saloni Sinha and Mr. Pravin Kumar, Advocates For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 20(b)(ii) (B) of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 8 capsules containing 4 gram of smack from the possession of the petitioner.

4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. He submitted that the alleged recovery of smack like substance does not come under the purview of

Patna High Court CR. MISC. No. 48824 of 2024(2) dt.18-07-2024 2/2 commercial quantity. He further submitted that from perusal of the F.I.R., it is apparent that the petitioner was arrested from motorcycle showroom but the police without any cogent material falsely implicated the petitioner in the present case. Petitioner is a person of clean antecedent and he is in custody since 04.05.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case as well as petitioner has clean antecedent, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Vaishali at Hajipur in connection with Industrial Area P.S. Case No. 57 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U