Ratnesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54146 of 2024 Arising Out of PS. Case No.-158 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Ratnesh Kumar Son of Amod Ray @ Amod Kumar Ray Resident of VillAkilabad, P.S.- Sadar Hajipur, District- Vaishali, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India, N.D.P.S. Act Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Hajipur Sadar P.S. Case No. 158 of 2024, instituted for the offences under Sections 188, 414 of the Indian Penal Code, Sections 8, 20 of NDPS Act and Section 52 of Prisons Act.

3. Prosecution allegation, in short, is that there is recovery of 100 gram Ganja from the possession of the coaccused person and three mobile phones have been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.54146 of 2024(2) dt.07-08-2024 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner has got no concern with the alleged recovery of ganja. There is no recovery of alleged contraband from the possession of the petitioner. The alleged recovery of ganja has been made from the possession of coaccused Kallu Sahni. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 08.05.2024 and has got two criminal antecedents in which he is on bail. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court

Patna High Court CR. MISC. No.54146 of 2024(2) dt.07-08-2024 3/3 below/concerned Court in connection with Hajipur Sadar P.S. Case No. 158 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T