Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69764 of 2021 Arising Out of PS. Case No.-576 Year-2021 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== MANOJ KUMAR, SON OF LATE HIRA SAHNI, Resident of Village - Akharaghat Road, Noonfar, P.S.- Town, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Krishan Jha For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-04-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in a case registered for the offences under Sections 8(c), 21(b) of the N.D.P.S. Act. The learned counsel for the petitioner submits that the petitioner is in custody since 02.08.2021, he is a person with clean antecedent, charge-sheet has been submitted and the informant alleges that from Girdhari Sahni, 24 sachets of smacks weight 11.500 gram was recovered and from petitioner 20 sachets of smack weight 8.500 gram was recovered thus the total recovery is 20 gram. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and is a person with clean antecedent and even presuming what has been alleged is true that the alleged recovery is a little more than small quantity but much less than commercial quantity and it is the first

Patna High Court CR. MISC. No.69764 of 2021(2) dt.26-04-2022 2/2 offence of the petitioner.

The learned A.P.P. vehemently opposes the bail application.

Considering the fact that petitioner is in custody since 02.08.2021, he is a person with clean antecedent, chargesheet has been submitted and the alleged recovery is little more than small quantity but less than commercial quantity, the petitioner, abovenamed, is directed to be released on bail after framing of charge on his furnishing bail-bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with N.D.P.S. Case No.105 of 2021 arising out of Town P.S. Case No. 576 of 2021, with a condition that one of the bailor of the petitioner shall be mother of the petitioner (Shobha Devi) The petitioner shall be released after framing of charge. The application stands allowed.

(Satyavrat Verma, J) sanjeev/- U T