Jitendra Kumar v. The Narcotics Control Bureau Patna Through Its Inntelligence Officer,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 55431 of 2024 Arising Out of PS. Case No.-102 Year-2024 Thana- GANGABRIDGE District- Vaishali ====================================================== Jitendra Kumar son of Yogendra Shah Village- Rasulpur, Ps- Amnaur DistSaran ... ... Petitioner/s

Versus

1.

The Narcotics Control Bureau Patna through its Inntelligence Officer, Union of India 2.

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

For the Petitioner/s :

Ms. Usha Kumari Singh, Adv For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP For the U.O.I.

:

Ms. Kanak Verma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ganga Bridge P.S. Case No. 102 of 2024 registered for the offence punishable under Sections 21 (C) & 29 of NDPS Act.

3. As per the prosecution case, the recovery is of 69.9 litres of cough syrup from the car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with

Patna High Court CR. MISC. No. 55431 of 2024(3) dt.26-10-2024 2/3 the alleged occurrence and has been implicated in this case merely on suspicion. The petitioner has no criminal antecedent.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. The petitioner claims clean antecedent and he is in jail since 19.05.2024.

7. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 102 of 2024, subject to the following conditions: (i) the petitioner, after being released on bail is directed to mark his attendance at Ganga Bridge Police Station on every Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner.

(ii) before accepting the bail- bond of the petitioner, the court below will verify the antecedent of the petitioner. If the petitioner is found having clean antecedent, the bail-bond of the petitioner shall be

Patna High Court CR. MISC. No. 55431 of 2024(3) dt.26-10-2024 3/3 accepted. If the petitioner is found having criminal antecedent(s), his bail-bond shall not be accepted by the court below.

(Sandeep Kumar, J) kiran/- U T