Patna High CourtCR. MISC./68558/2024bail granted

Akash Das v. The State Of Bihar

2024-10-07Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68558 of 2024 Arising Out of PS. Case No.-209 Year-2024 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Akash Das Son of Yogi Das R/O Vill.- Ward no. 12, Sikandarpur, Dhobighat main road, P.S.- Town, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with N.D.P.S Case No. 67 of 2024 arising out of Muzaffarpur Town P.S. Case No. 209 of 2024, registered for the offences punishable under Sections 414, 201/34 of IPC read with 8(c) and 21(b) of the N.D.P.S. Act.

3. As per allegation, on a secret information, the police party apprehended two accused persons who disclosed their names as Md. Sohail and Akash Das (the petitioner). On search, 3.9 gm of smack was recovered from the possession of co-accused Md. Sohail whereas 3.1 gm of smack was recovered from the possession of this petitioner.

Patna High Court CR. MISC. No.68558 of 2024(2) dt.07-10-2024 2/3

4. Learned counsel for the petitioner submits the petitioner is innocent and has falsely been implicated in the present case. He further submits that the alleged contraband recovered is less than the small quantity. The petitioner is not involved in any other case of similar nature and he is under custody since 20.03.2024. He has also submitted that on similar footing, co-accused Md. Faiyaz has been granted regular bail by this Court in Cr. Misc. No. 65516 of 2024 vide order dated 23.09.2024.

5. On the other hand, learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, the petitioner, above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Exclusive Special Court-1, (N.D.P.S.), Muzaffarpur, Bihar in connection with N.D.P.S Case No. 67 of 2024 arising out of Muzaffarpur Town P.S. Case No. 209 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

7. Before accepting the bail bond, the learned

Patna High Court CR. MISC. No.68558 of 2024(2) dt.07-10-2024 3/3 court below shall verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in any other case of similar nature except the cases mentioned in Para-3 of the bail petition, the bail bond of the petitioner shall not be accepted.

(Nawneet Kumar Pandey, J) kundan/- U T