Patna High CourtCR. MISC./1685/2022bail granted

Kundan Kumar Sah v. The State Of Bihar

2022-03-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1685 of 2022 Arising Out of PS. Case No.-290 Year-2021 Thana- SHASTRINAGAR District- Patna ====================================================== KUNDAN KUMAR SAH S/O RAM LAKHAN SAH R/o village- Ramji Chak, Digha, P.S.- Digha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-03-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Section 8/20(b)(ii)(B)/25/29 of the N.D.P.S. Act. As per the prosecution case, 4 kg. 280 gm. of Ganja has been recovered from a car, of which, this petitioner was one of the occupant.

It is submitted on behalf of petitioner that nothing has been recovered from the possession of the petitioner. Petitioner is neither owner nor driver of the said car. The alleged Ganja is less than commercial quantity. In paragraph - 3 of the supplementary affidavit, it is stated that charges have already been framed in this case on 27.02.2022. Petitioner is in custody since 27.07.2021.

Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.1685 of 2022(3) dt.29-03-2022 2/2 Considering the aforesaid facts and circumstances as well as the fact that the alleged Ganja is less than commercial quantity and charges have already been framed, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - XXIV, Patna in connection with Special Case No. 87 of 2021, arising out of Shastri Nagar P.S. Case No. 290 of 2021.

(Prabhat Kumar Singh, J) anay/- U T