Patna High CourtCR. MISC./63659/2024bail granted

Sujit Kumar v. The State Of Bihar

2024-09-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63659 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Sujit Kumar Son of Ramadhar Ram Resident of village- Baniya Chapar, P.S.- Bhorey, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewanand Tiwari, Adv.

For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. Learned counsel for the petitioner is permitted to make necessary correction in para 9 and 10 of the bail petition in course of the day.

3. The petitioner has preferred this application for grant of regular bail in connection with NDPS Trial No. 36 of 2024 arising out of Bhorey P.S. Case No. 88 of 2024 dated 10.04.2024 registered for the offences punishable u/ss 8(c) and 21(a) of the N.D.P.S. Act.

4. As per the prosecution case, total 3.1 gm. Smack kept in 10 puriyas was recovered from the pocket of the petitioner and 1.3 gm. Smack kept in 5 puriyas was recovered from the possession of the co-accused, Om Prakash.

Patna High Court CR. MISC. No.63659 of 2024(2) dt.25-09-2024 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery. Learned counsel has further submitted that the seized contraband is small quantity. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.04.2024.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with NDPS Trial No. 36 of 2024 arising out of Bhorey P.S. Case No. 88 of 2024.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T