Hariom Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70318 of 2022 Arising Out of PS. Case No.-301 Year-2022 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== HARIOM KUMAR Son of Manoj Bind R/V- Manihari, P.S- Bhabhua, DistKaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Durgawati Police Station Case No. 301 of 2022 registered for the offence under Sections 8(C)20(b)(II)b/29 of the N.D.P.S. Act.

The accused/petitioner is named in the F.I.R. and is in custody since 14.10.2022.

The allegation against the petitioner is to have in possession of 16 Kg of contraband i.e. 'Ganja' alongwith other co-accused persons.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.70318 of 2022(2) dt.29-03-2023 2/3 submitted that petitioner is not connected in any manner with alleged recovery of contraband i.e. 'Ganja', which alleged to be recovered from the Alto Car, which was initially occupied by other co-accused persons. It is also submitted that nothing surfaced during the course of investigation that petitioner is connected in any manner with alleged recovery of contraband i.e. Ganja. It is also submitted that alleged recovery is less than commercial quantity and as such the barrier under Section 37 of the N.D.P.S Act is not applicable in this case. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above as alleged recovery of contraband is less than commercial quantity, which not appears to be recovered from the conscious physical possession of this petitioner, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with S.T. No. 125 of 2022 in Durgawati Police Station Case No. 301 of

Patna High Court CR. MISC. No.70318 of 2022(2) dt.29-03-2023 3/3 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-Cum-Special Judge, Kaimur at Bhabhua/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T