Shiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60021 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- BABUBARHI District- Madhubani ====================================================== Shiv Kumar S/O Ram Badan Mahto R/O Village- Rani Shakarpura, P.SGangaur, Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhimanyu Deo, Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-04-2025 Heard Mr. Abhimanyu Deo learned counsel for the petitioner and Mr. Chandra Bhushan Prasad learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8/20(B) (ii) (B), 20(B) ii (c) and 22 of the N.D.P.S. Act.

3. The case of the prosecution is that from the possession of this petitioner who was on a bike, 15.450 kg of ganja was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner has further submitted that the bike does not belong to the petitioner. He was having a cup of tea at a shop from where

Patna High Court CR. MISC. No.60021 of 2024(7) dt.02-04-2025 2/2 he was apprehended and the ganja was planted. He also submitted that in this case charge sheet has been submitted without FSL Report. The seized contraband which has been recovered from the possession of this petitioner is more than small quantity but is less than commercial quantity. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 09.01.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Babubarhi P.S. Case No. 07 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani.

(Ashok Kumar Pandey, J) Shubham/- U T