Rohit Kumar @ Rishu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62450 of 2022 Arising Out of PS. Case No.-525 Year-2022 Thana- ARA NAWADA District- Bhojpur ====================================================== 1.

ROHIT KUMAR @ RISHU S/O SHYAM KISHORE SHARMA Resident of Bypass, Chaman Chak, P.S.- Ramkrishna Nagar, District- Patna. 2.

NIKHIL RAJ S/O SRI SUNIL KUMAR Resident of village- Nandlal Chhapra, P.S.- Ramkrishna Nagar, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Section 21(b) of the Narcotic Drugs and Psychotropic Substance Act.

Prosecution case relates to recovery of three mobile set, cash of Rs. 5895/- and 52 gm of Heroine and 5 gram of ganja from three accused persons. Apart from the said recovery,Driving license, Aadhar Card and vehicle bearing registration No. BR01PJ-6159.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. Seized

Patna High Court CR. MISC. No.62450 of 2022(2) dt.17-02-2023 2/2 vehicle belongs to accused no. 1, namely, Niranjan Yadav. 52 gram of Heroine is said to have been recovered, whereas commercial quantity is 250 grams and the same is below the commercial quantity. Recovered ganja of 5 gram is also below the commercial quantity. Both the petitioners are languishing in judicial custody since 24.06.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge X, Bhojpur at Ara in connection with Ara Nawada P.S. Case No. 525 of 2022.

(Sunil Kumar Panwar, J) sushma/- U