Sanjiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53616 of 2019 Arising Out of PS. Case No.-82 Year-2019 Thana- BAISI District- Purnia ====================================================== Sanjiv Kumar, Son of Late Vishwanath Rai Resident of Sundarpur, P.S.- Shalimpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Ambastha For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner seeks regular bail in connection with Baisi P.S. Case No.82 of 2019 for the offence punishable under Sections 8, 20(b)(2)(3) and 25 of N.D.P.S. Act. The allegation against the petitioner as per the First Information Report is that a white car was intercepted by the police and upon seeing the police party, the petitioner along with one other person tried to flee away but were arrested by the police and from the dickey of the car, a total quantity of 49.117 kg. of Ganja was recovered by the police.

Mr. Manoj Kumar Ambasta, learned counsel for the petitioner submits that petitioner has got no criminal antecedent and has falsely been implicated in this case on the basis of the

Patna High Court CR. MISC. No.53616 of 2019(3) dt.25-11-2019 2/2 fact that he was riding on the car along with two other persons. Learned counsel further submits that the petitioner is not the owner of the car and the driver of the car has been granted bail by this Court vide order dated 23.08.2019 passed in Cr. Misc. No.52626 of 2019. Learned counsel further submits that the another co-accused, Dulari Devi has been granted bail by the learned Sessions Judge, Purena. Learned counsel further submits that the petitioner is in custody since 08.04.2019. Having regard to the submissions made by the parties and taking into consideration the fact that the petitioner has got no criminal antecedent and co-accused has been granted bail by this Court earlier, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (fifty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, N.D.P.S. Act, Purnea, in connection with Baisi P.S. Case No.82 of 2019.