Patna High CourtCR. MISC./73631/2023bail granted

Amit Kumar v. The State Of Bihar

2024-05-01Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73631 of 2023 Arising Out of PS. Case No.-215 Year-2023 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== AMIT KUMAR S/o- PRAMOD KUMAR SIGNH Village- Sajjan Dihara PsKarahgar Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bhagwanpur P.S. Case No. 215 of 2023 dated 15.07.2023, registered for the offences punishable u/s 414 of the Indian Penal Code and sections 8C/ 20/b(ii)B/29 of the Narcotics Drugs and Psychotropic Substance Act (in short N.D.P.S. Act),

3. As per the prosecution case, total 8.460 kg. of ganja kept in a sack was recovered from a motorcycle. The petitioner was apprehended while trying to flee away after throwing motorcycle and sack.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in

Patna High Court CR. MISC. No.73631 of 2023(9) dt.01-05-2024 2/2 para 3 of the bail petition. The seized contraband is less than commercial quantity. The name of the petitioner has surfaced in this case on the basis of suspicion. The petitioner is neither the owner nor the driver of the seized motorcycle. The petitioner has no concern with the alleged recovery. The petitioner is in custody since 16.07.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Kaimur at Bhabhua in connection with Bhagwanpur P.S. Case No. 215 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T