Naveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58320 of 2021 Arising Out of PS. Case No.-134 Year-2021 Thana- HATHAURI District- Muzaffarpur ====================================================== Naveen Kumar Son Of Late Asarfi Rai Resident Of Village- Paramjeevar, Tole Chakki, P.S.- Hathauri, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nachiketa Jha For Union of India :

Mr. Kanak Verma For the State :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2022 Heard learned counsel for the petitioner, learned counsel for the Central Government and learned APP for the State.

The petitioner seeks bail in connection with Hathauri P. S. Case No.134 of 2021, instituted for the offences under Sections 399, 402/ 34 of the Indian Penal Code and Sections 20, 22 of the N.D.P.S. Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 10.06.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

Allegation is of recovery of 2 kg. Ganja from a bag allegedly being carried by the accused, who was sitting in the

Patna High Court CR. MISC. No.58320 of 2021(2) dt.07-03-2022 2/3 middle of the motorcycle, who disclosed his name as Kundan Kumar and while Jitendra Sahani was driving the motorcycle and the petitioner was sitting as pillion behind Kundan Kumar. The learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that the recovery was from Kundan Kumar, who was sitting in between Jitendra Sahani and this petitioner, as such, no recovery of any narcotic is alleged to have been made from the petitioner. It is further submitted that even assuming the allegation to be true without admitting the same then the allegation is only of recovery of 2 kg. Ganja which is a little more than the small quantity, but much less than commercial quantity which is 20 kg. It is further submitted that petitioner is a person with clean antecedent.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in this case and taking into consideration the submissions of the learned counsel for the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.58320 of 2021(2) dt.07-03-2022 3/3 satisfaction of learned 8th Additional Sessions Judge, Muzaffarpur in connection with N.D.P.S. Case No.62 of 2021 arising out of Hathauri P. S. Case No.134 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T