Ajeet Sharma @ Ajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59381 of 2022 Arising Out of PS. Case No.-105 Year-2021 Thana- BARABAR TOURIST DistrictJehanabad ====================================================== Ajeet Sharma @ Ajeet Kumar, S/O Late Ram Pukar Sharma, Resident of village- Dharaut, P.S.- Barabar Prayatan (Vishunganj, O.P.) DistrictJahanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivendra Shankar, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-04-2023 Heard Mr. Shivendra Shankar, learned counsel appearing on behalf of the petitioner and Mr. Nand Kishore Prasad, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Barabar Prayatan (Vishnuganj OP) P.S. Case No. 105 of 2021, registered under Sections 8(b), 20(a)(i) of the N.D.P.S. Act.

3. The prosecution case, in brief, is that cannabis plants (Marijuana) was found to be recovered from the courtyard of the house of the accused persons named in the F.I.R., including the petitioner,

4. Learned counsel appearing on behalf of the petitioner informs this Court that as per the seizure-list, which is the part of the F.I.R., two packets containing 100 grams Marijuana was recovered from the house of the petitioner,

Patna High Court CR. MISC. No.59381 of 2022(3) dt.06-04-2023 2/2 which is much less than the commercial quantity.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation and the recovery of 100 grams of Marijuana from the house of the petitioner, I am of the opinion that prima facie the petitioner has made out a case to be released on bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Jehanabad in connection with Barabar Prayatna P.S. Case No. 105 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) manish/minu U T