Guddu Kumar v. The Union Of India Through Director Narcotic Drugs And Psychotropic Substance Department New Delhi
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68854 of 2024 Arising Out of PS. Case No.-224 Year-2024 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.
Guddu Kumar S/o- Bhupendra Prasad Resident of Village- Misraulia PSManjhagarh District- Gopalganj 2.
Ravi Ranjan Kumar Son of Harekrishna Sah Resident of Village- Misraulia PS- Manjhagarh District- Gopalganj 3.
Vishal Kumar son of Ramayan Sah Resident of Village- Misraulia PSManjhagarh District- Gopalganj ... ... Petitioner/s
Versus
1.
The Union of India through Director Narcotic Drugs and Psychotropic Substance Department New Delhi New Delhi 2.
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shubhangi Pandey, Adv For the Opposite Party/s :
Mr.Dr.K.N.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-10-2024 Heard Learned Counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seeks regular bail in connection with Manjhgarh P.S. Case No. 224/2024 lodged on 05.08.2024 under Section 21A/22A/8(c) of the N.D.P.S. Act.
3. As per the prosecution case, F.I.R. has been lodged against four named accused persons including the present petitioner against whom there is a recovery of 3.69 gm of smack.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.68854 of 2024(2) dt.01-10-2024 2/3 petitioner is innocent and has committed no offence. He further submits that upon disclosure of the petitioners, other accused persons have been arrested from from his house. He further submits that antecedent of the petitioners are clean expect petitioner no. 1 who is having one antecedent in which final form has been submitted. The petitioners are in custody since 06.08.2024. He further submits that the father of the petitioner no. 1 is Mukhiya and few years back, he was contesting Mukhiya election and on petty issue, hot discussion took place between Circle Officer and the Inspector of that locality and to teach a lesson, this present F.I.R. has been lodged. He further submits that the main culprit is the accused from whose possession approx 20gm of smack has been recovered. He further submits that recovery from the petitioners are in small quantity.
5. Learned APP for the State opposes the prayer for bail and submits that recovery of smack is there.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named be granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1)(d) of BNSS to the satisfaction of District and Sessions Judge,
Patna High Court CR. MISC. No.68854 of 2024(2) dt.01-10-2024 3/3 Gopalganj in connection with Majhagarh Case No. 224 of 2024 subject to the condition laid down under Section 480(3) of BNSS.
(Dr. Anshuman, J) Sunnykr/- U