Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68583 of 2021 Arising Out of PS. Case No.-815 Year-2021 Thana- KANKARBAG District- Patna ====================================================== Prince Kumar Son of Devanand Singh Resident of Near Durga Mandir, P.S.- Masaudhi, District - Patna, At present resident of Mohalla - Amardeep Nagar, P.S.- Ram Krishna Nagar, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad, Singh, Sr. Adv. With :

Mr. Mithilesh Kr. Singh, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special Case No. 116 of 2021 arising out of Kankarbagh P.S. Case No. 815 of 2021 lodged under Sections 21(a)(b), 25 of N.D.P.S. Act.

As per the prosecution case, total recovery of 12 gm smack has been made in the present case.

Learned counsel for the petitioner submits that petitioner's antecedent is clean and under conspiracy, his name has figured in this case. He further submits that alleged amount

Patna High Court CR. MISC. No.68583 of 2021(6) dt.29-11-2022 2/2 is little bit more than small quantity and much less than commercial quantity. Learned counsel submits that petitioner is in custody since 27.08.2021. Upon specific query that whether charge has been framed or not, as per his knowledge, charge has not been framed.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected but liberty is hereby granted to the petitioner that he may renew his prayer for bail 3 months after framing of charge. The Trial Court shall be directed to release him thereafter.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) prakashmani/- U T