Ravindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60883 of 2024 Arising Out of PS. Case No.-803 Year-2023 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Ravindra Kumar S/O Shyam Lal Yadav Resident of Village- Jorabganj, P.SKodha, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Sadar P.S. Case No. 803 of 2023 instituted for the offences under Sections 401, 411, 413, 414, 467, 468 of the Indian Penal Code and Section 8(c) and 21(b) of the N.D.P.S. Act. 3.

As per prosecution case, 7 gram smack like substance, 12 mobile phones, three keys of the motorcycle and other articles were recovered in this case.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been

Patna High Court CR. MISC. No.60883 of 2024(2) dt.23-08-2024 2/3 recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized contraband. The quantity of smack recovered is less than the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Section 42 and 50 of the N.D.P.S. Act. The petitioner has one criminal antecedent as has been stated in paragraph no.3 of the present bail application. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 19.08.2023. Charge-sheet has been submitted in this case. 5.

Learned counsel for the petitioner further submits that the co-accused have been granted bail by this Court vide orders dated 18.03.2024, 19.03.2024 & 03.04.2024, passed in Cr. Misc. Nos. 19634 of 2024, 20345 of 2024& 11719 of 2024 respectively.

6.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent coupled with

Patna High Court CR. MISC. No.60883 of 2024(2) dt.23-08-2024 3/3 the fact that the claim for bail based on parity, let the petitioner, abovenamed, 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 Sadar P.S. Case No. 803 of 2023. (Rudra Prakash Mishra, J) Raj Kishore/- U T