Patna High CourtCR. MISC./63219/2024bail granted

Om Prakash Shukla v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63219 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Om Prakash Shukla Son of Birendra Shukla Resident of village- Jorawar Chhapar, P.S.- Bhorey, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Dubey, Adv For the Opposite Party/s :

Mr. Jitendra Kumar Singh, 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. The petitioner has preferred this application for grant of regular bail in connection with Bhorey P.S. Case No. 88 of 2024 dated 10.04.2024 registered for the offences punishable u/s 8(c) 21(a) of the N.D.P.S. Act.

3. As per the prosecution case, total 1.3 gram of smack like substance kept in five puria was recovered from the possession of the petitioner and 3.1 gram of smack kept in ten puria was recovered from the pocket of the co-accused Sujit Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.63219 of 2024(2) dt.25-09-2024 2/2 this case. The seized contraband is small quantity. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.04.2024.

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

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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 Bhorey P.S. Case No. 88 of 2024.

7. The application stands allowed.

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