Patna High CourtCR. MISC./71651/2024bail granted

Raja Kumar v. The State Of Bihar

2024-12-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71651 of 2024 Arising Out of PS. Case No.-1382 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Raja Kumar Son of Rajeev Kumar R/O-Village Sahbajpur, PS- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur , Advocate For the Opposite Party/s :

Mr. Harendra Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2024 Heard learned counsels for the parties.

2. The petitioner seeks regular bail in a case registered for the offence punishable under Section 414 of the Indian Penal Code and Sections 8 / 21 (b) of the NDPS Act. 3 . As per prosecution case , this petitioner along with other co-accused person were apprehended on the spot and total 3.9 gram smack like substance were recovered from their possession and one motorcycle was recovered.

4. Learned counsel for the petitioner submits that petitioner has been made accused only on suspicion . The alleged recovery of smack is less than commercial quantity as per NDPS Act. Petitioner is in custody since 22.10.2023 .

Patna High Court CR. MISC. No.71651 of 2024(2) dt.19-12-2024 2/2 Similarly situated co-accused persons have already granted regular bail by this Court vide order dated 12.03.2024 in Cr. Misc. No. 16021 of 2024 .

5 . Learned A.P.P. for the State vehemently opposed the bail application .

6. Considering the nature of accusation and period of custody, the bail application 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 the learned Special Judge NDPS II Muzaffarpur in connection with Ahiyapur P. S. Case No. 1382 of 2023 .

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