Ram Pravesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55078 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- HATHIDAH District- Patna ====================================================== Ram Pravesh Kumar son of Pramod Mahto Resident of Village-Machhahi Post Office- Machhahi PS- Sakra District- Muzaffarpur Bihar 843105 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Prakash Sharma For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 8, 20(b)(ii) (B) of the N.D.P.S. Act, registered in connection with Hathidah P.S. Case No. 41 of 2024.

3. As per prosecution case, there has been recovery of total 2 Kg Ganja like substance from the bag of the petitioner.

4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. Petitioner has no concern with the alleged recovery of Ganja. On the basis of suspicion, he has been made accused in this case. No incriminating article has

Patna High Court CR. MISC. No.55078 of 2024(2) dt.14-08-2024 2/2 been recovered from the conscious possession of the petitioner. He further submitted that alleged recovered Ganja like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. the Petitioner has no criminal antecedent of similar nature and he is in custody since 13.04.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Judge Court No. 1, NDPS Act, Patna in connection with Hathidah P.S. Case No. 41 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

7. The petitioner shall furnish his bail bonds after completion of six months in custody from today. (Nawneet Kumar Pandey, J) Arish/- U T