Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53558 of 2022 Arising Out of PS. Case No.-258 Year-2022 Thana- RUPASPUR District- Patna ====================================================== Ranjit Kumar Son of Sri Shambhu Bind, R/v- Paithana, P.S.- Bena, Distt.- Nalanda at present resident of village - Teshlal, Verma Nagar, Naharpar, P.S.- Rupashpur, District.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 14-02-2023 Let the defect(s), if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Special (NDPS) Case No. 62 of 2022, arising out of Rupaspur P.S. Case No. 258 of 2022 registered for the offences punishable under Sections 21(b), 22(b) of the NDPS Act.

As per the prosecution, the police personnel while on

Patna High Court CR. MISC. No.53558 of 2022(2) dt.14-02-2023 2/3 patrolling duty, acting upon a secret information intercepted this petitioner and upon making search upon him, 50 pouches of narcotic material suspected to be brown sugar were recovered. The main submissions advanced by the learned counsel Mr. Vijay Kumar Sinha for the petitioner are that as per the allegation total 10 grams of the narcotic material namely Brown Sugar kept in 50 pouches was alleged to have been recovered from the possession of the petitioner and the said recovered contraband comes under the less than commercial quantity and the petitioner has been languishing in jail since 09.05.2022 and there is criminal antecedent of one case lodged under Excise Act and not under NDPS Act and against him the investigation has been completed.

Learned APP Mr. Bharat Bhushan appearing for the State has opposed the bail prayer.

Having considered the above submissions and mainly the custody period of the petitioner, this court is inclined to accept his bail prayer. Accordingly, let the petitioner 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 the concerned Court in connection with Special (NDPS) Case No. 62 of 2022, arising out of Rupaspur P.S. Case No. 258 of

Patna High Court CR. MISC. No.53558 of 2022(2) dt.14-02-2023 3/3 2022.

(Shailendra Singh, J) Rajiv/- U T