Patna High CourtCR. MISC./78293/2024bail granted

Pawan Kumar v. The State Of Bihar

2024-10-30Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78293 of 2024 Arising Out of PS. Case No.-233 Year-2024 Thana- UJIYARPUR District- Samastipur ====================================================== Pawan Kumar Son of Jaynarayan Singh Resident of village- Ramchandrapur Andhail, Police station- Ujiarpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-10-2024 Heard Mr. Anant Kumar Mishra, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State.

2. The petitioner seeks bail in Ujiarpur P.S. Case No. 233 of 2024, instituted for the offences punishable under Sections 8, 20(b), 8(a) of the NDPS Act and Section 37(c) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that there is recovery of 1 Kg 300 gm ganja from the house of co-accused Ram Nath Das and the petitioner was in drunken condition. The petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.78293 of 2024(2) dt.30-10-2024 2/3 petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that as per allegation the petitioner was in drunken condition but no breath analyzer test was conducted to test the same. Petitioner was a passerby of that way and on the basis of suspicion he was arrested by the police. The recovered contraband is below the commercial quantity. It is further submitted that the petitioner has got no concern with the alleged recveory of ganja. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 04.09.2024 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.78293 of 2024(2) dt.30-10-2024 3/3 below/concerned Court in connection with Ujiarpur P.S. Case No. 233 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T