Patna High CourtCR. MISC./68113/2024bail granted

Nandan Kumar v. The State Of Bihar

2024-10-01Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68113 of 2024 Arising Out of PS. Case No.-202 Year-2024 Thana- HULASGANJ District- Jehanabad ====================================================== Nandan Kumar, S/O Mithilesh Prasad, R/O Village- Islampur, P.S- Islampur, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Learned Counsel for the petitioner seeks permission to correct the provision of law during course of the day.

3. The present Criminal Miscellaneous Application has been filed under sections 483 and 484 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the "BNSS". The petitioner seeks regular bail in connection with Hulasganj P.S. Case No. 202/2024, lodged on 03.08.2024 under Sections 20(b)(ii) and 8(c) of the Narcotic Drugs And Psychotropic Substances, Act, 1985.

4. As per the prosecution case, total recovery of 200 gram ganja is the subject matter of the present case.

5. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.68113 of 2024(2) dt.01-10-2024 2/2 petitioner is innocent and has committed no offence. The antecedent of the petitioner is clean and he is in custody since 03.08.2024. He further submits that the alleged recovery of ganja is below the small quantity as per NDPS Act.

6. Learned APP for the State opposes the prayer for bail of the petitioner and fairly submits that the quantity of ganja is below than the small quantity.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, on furnishing bail bond of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1)(d) of the BNSS to the satisfaction of District and Sessions Judge, Jehanabad, in connection with Hulasganj P.S. Case No. 202/2024, subject to the conditions as laid down U/s 480(3) of the BNSS.

(Dr. Anshuman, J) Ashwini/- U T