Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54864 of 2023 Arising Out of PS. Case No.-64 Year-2023 Thana- KHAJAULI District- Madhubani ====================================================== ANUJ KUMAR SON OF MANOJ KUMAR RESIDENT OF VILLAGEBHAIYAPATTI, PS- BASOPATTI, DISTT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 30-08-2023 1.

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

2.

Petitioner seeks regular bail in connection with G.R. No.27 of 2023 arising out of Khajauli P.S. Case No.64 of 2023 dated 07.04.2023 registered for the offence/s punishable under Section/s 20 and 22 of the NDPS Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner has fair and clean antecedent and has been languishing in jail since 08.04.2023, as per the allegation three accused persons including this petitioner were apprehended with alleged contraband when they were riding on a motorcycle, in fact, the petitioner was riding on the said motorcycle as a pillion rider and as per the FIR the alleged contraband suspected to be Ganja which was kept in a bag was recovered from the specific possession of the co-accused

Patna High Court CR. MISC. No.54864 of 2023(2) dt.30-08-2023 2/2 Manoj Kumar and only one mobile phone is stated to have been recovered from the possession of this petitioner. Petitioner had no knowledge about the alleged contraband as being in the possession of the said co-accused Manoj Kumar. Further submissions are that the alleged narcotic contraband comes in the purview of intermediate quantity and one similarly situated co-accused person namely Randhir Mandal carrying similar nature of allegation has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.41161 of 2023 and against the petitioner the investigation has been completed.

4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the completion of investigation against this petitioner, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be released on bail in connection with G.R. No.27 of 2023 arising out of Khajauli P.S. Case No.64 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) sangam/- U T