Patna High CourtCR. MISC./64053/2024bail granted

Kush Kumar Sharma @ Kush Kumar v. The State Of Bihar

2024-10-07Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64053 of 2024 Arising Out of PS. Case No.-512 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Kush Kumar Sharma @ Kush Kumar Son of Kaushlendra Sharma @ Kaushlendra Kumar R/O- Jamhaur, P.S.- Jamhaur, Dist.- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Singh, Adv For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-10-2024 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 Aurangabad Madhya Nishedh Excise P.S. Case No. 512 of 2024 dated 27.05.2024 registered for the offences punishable u/s 20(b), 22 of the N.D.P.S. Act.

3. As per the prosecution case, total 5 kg ganja was recovered from the possession of the petitioner and 10 kg ganja was recovered from the possession of the co-accused Kundan 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.64053 of 2024(2) dt.07-10-2024 2/2 this case. The petitioner has no concern with the alleged recovery. The seized contraband is less than the commercial quantity. 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 28.05.2024.

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, Aurangabad in connection with Aurangabad Madhya Nishedh Excise P.S. Case No. 512 of 2024.

7. The application stands allowed.

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