Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64231 of 2021 Arising Out of PS. Case No.-150 Year-2021 Thana- KATRA District- Muzaffarpur ====================================================== RAVI KUMAR Son of Ramesh Mishra Resident of Village - Ramnagar, P.S.- Runnisaidpur, District - Sitamadhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Sharan Singh, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 414/34 of the Indian Penal Code read with Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Learned counsel for the petitioner submits that the petitioner is in custody since 20.06.2021, charge-sheet has been submitted and has antecedent of two cases.

Allegation, in the FIR, is of recovery of 850 gram of Ganja from Manoj Kumar Yadav who was sitting as pillion on the motorcycle which was being driven by the petitioner. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the FIR, it would manifest that

Patna High Court CR. MISC. No.64231 of 2021(2) dt.30-03-2022 2/2 the alleged narcotic was recovered from Manoj Kumar Yasad who was sitting as a pillion on the motorcycle which was being driven by the petitioner. It is further submitted that even assuming what has been alleged is true without admitting the same for the purpose of bail the alleged recovery of Ganja is less than small quantity. Learned counsel further submits that nothing was recovered from the conscious possession of the petitioner.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted and the alleged recovery is from Manoj Kumar Yadav but the recovered Ganja is less than small quantity, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with NDPS Case No. 69 of 2021 arising out of Katra P.S. Case No. 150 of 2021, subject to the condition that one of the bailors shall be the father (Ramesh Mishra) of the petitioner. (Satyavrat Verma, J) Kundan/- U T