Mahesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56577 of 2024 Arising Out of PS. Case No.-251 Year-2024 Thana- BARACHATTI District- Gaya ====================================================== Mahesh Kumar Son Of Tikkam Yadav @ Tikan Yadav Resident Of Village - Jali, Police Station - Mohanpur, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Barachatti P.S. Case No. 251 of 2024 instituted for the offences under Sections 18, 20 & 22 of the NDPS Act.
3.
Prosecution allegation, in short, is that there is recovery of total 16 Kgs of Doda from tractor. 4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits petitioner has no concern with the recovered doda, rather he was arrested from his Dhaba. The
Patna High Court CR. MISC. No.56577 of 2024(3) dt.13-11-2024 2/2 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 17-05-2024 and has got no criminal antecedent. 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. Paragraph Nos. 6 & 7 is the statement of the witnesses who have supported the prosecution case.
6.
Considering the aforesaid facts and circumstances of the case, recovery is below 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 below/concerned Court in connection with Barachatti P.S. Case No. 251 of 2024.
(Rudra Prakash Mishra, J) Raj Kishore/- U T