Patna High CourtCR. MISC./5346/2018bail granted

Abhinandan Kumar @ Munchun v. The State Of Bihar

2018-02-02Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5346 of 2018 Arising Out of PS.Case No. -18 Year- 2017 Thana -BACHWARA District- BEGUSARAI ====================================================== Abhinandan Kumar @ Munchun, S/o Sri Ram Babu Rai, R/v Senduari, P.S.- Hajipur Sadar, Distt.- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Bachhwara P.S. Case No.18 of 2017, N.D.P.S. Case No.02 of 2017 (Registration No.02 of 2017), registered for offences alleged under Sections 20/22/25/29 of N.D.P.S. Act.

Learned counsel for the petitioner submits that the petitioner is said to be one of the accused persons who were apprehended while moving on the vehicle Scorpio from which 70 Kilograms of Ganja was recovered. Learned counsel submits that in the impugned order the petitioner was wrongly described as owner of the vehicle. However, it would appear from the final

Patna High Court Cr.Misc. No.5346 of 2018 (2) dt.02-02-2018 report submitted by the police at page 31 that one Vishal Kumar has been found to be the owner of the vehicle Scorpio. Learned counsel submits that the case of this petitioner stands on equal footing to the case of co-accused Dhiraj Kumar @ Dhiraj Kumar Rai who has been granted privilege of regular bail by a coordinate Bench of this Court in Cr.Misc.No.52404 of 2017. Submission is that there was no recovery from the conscious possession of this petitioner.

Learned counsel for the State is present.

Considering the facts and circumstances, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the District and Sessions Judge, Begusarai in connection with Bachhwara P.S. Case No.18 of 2017, NDPS Case No.2 of 2017 (Registration No.2 of 2017), subject to the conditions U/S 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Arvind/- U T