Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49364 of 2024 Arising Out of PS. Case No.-230 Year-2024 Thana- GARDANIBAG District- Patna ====================================================== Sujeet Kumar S/o Late Shankar Ram R/o Gardanibagh, Road No. 17, P.S. - Gardanibagh, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Adv, For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-09-2024 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 Gardanibagh P.S. Case No. 230 of 2024 dated 22.04.2024 registered for the offences punishable u/ss 20 and 22 of Narcotic Drugs and Psychotropic Substance Act.

3. As per the prosecution case, on secret information, one person is selling and buying ganja, the informant along with police official raided near the Chitkohra Bridge. On seeing the police party, two persons were started to flee away but they were apprehended and they disclosed their name as Ram Pravesh Rai and Sujeet Kumar (petitioner) and from their possession, total 1.600 Kg. ganja was recovered.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.49364 of 2024(3) dt.09-09-2024 2/3 the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the seized contraband is less than the commercial quantity. Nothing has been recovered from the possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.04.2024.

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, Patna in connection with Gardanibagh P.S. Case No. 230 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.

(ii) The court below shall verify the criminal antecedent of the petitioner and at any stage, if it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be

Patna High Court CR. MISC. No.49364 of 2024(3) dt.09-09-2024 3/3 delayed for purpose of or in the name of verification.

7. The application stands allowed.

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