Rahul Kumar @ Pradum Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48864 of 2023 Arising Out of PS. Case No.-205 Year-2022 Thana- RUPASPUR District- Patna ====================================================== Rahul Kumar @ Pradum Kumar, Son of Narayan Bind, Resident of Teslal Verma Nagar, Bailey Road Nahar Par, P.S-Rupaspur, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Singh, Advocate For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-08-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Special Case No. 125 of 2022 corresponding to Rupaspur P.S. Case No. 205 of 2022 dated 15.04.2022 registered for the offence(s) punishable under Section(s) 21(b), 22(b) and 29 of the N.D.P.S. Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 16.55 gm brown sugar like material kept in several small packets which were seized from the possession of coaccused persons namely, Savita Kumari and Rani Devi and petitioner was not apprehended with them and the said apprehended co-accused persons revealed the name of this

Patna High Court CR. MISC. No.48864 of 2023(2) dt.04-08-2023 2/3 petitioner as being indulged in supplying the seized contraband to them, except the statement made by the apprehended coaccused persons there is no material against this petitioner to connect him to the alleged seized material. Further submissions are that against the petitioner there is criminal antecedent of one case in which he is on bail and in the present matter he has been languishing in jail since 04.07.2022 and against him the investigation has been completed and the seized contraband comes in the purview of intermediate quantity.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the facts that the petitioner was not apprehended with the alleged contraband and his name came into light in the statement of the co-accused persons who were apprehended with the alleged contraband and against the petitioner the investigation has been completed and he has been languishing in jail since 04.07.2022, in my opinion, in the said circumstances, the petitioner deserves to the privilege of bail. Accordingly, let the petitioner namedabove be enlarged on bail in connection with Special Case No. 125 of 2022 corresponding to Rupaspur P.S. Case No. 205 of 2022 on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

Patna High Court CR. MISC. No.48864 of 2023(2) dt.04-08-2023 3/3 with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T