Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79218 of 2024 Arising Out of PS. Case No.-105 Year-2024 Thana- MANIYARI District- Muzaffarpur ====================================================== 1.

Raju Kumar, Son of Umesh Rai Madhopur, Ward No. 4, P.S.-Jandaha, Distt.- Vaishali 2.

Deepak Kumar, Son of Kaleshwar Rai, Village- Madhopur, Ward No. 4, P.S.- Jandaha, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-02-2025 Heard Mr.Vijay Kumar Sinha, learned counsel for the petitioners and Mr.Raj Kishor Singh, learned APP for the State.

2. The petitioners have prayed for bail in connection with N.D.P.S. Case No. 116 of 2024 arising out of Maniyari P.S. Case No.105 of 2024 registered for the offence punishable under Section 414 of the Indian Penal Code and Sections 8, 20(b)(ii)(c) of the N.D.P.S. Act.

3. The case of the prosecution is that altogether 15.372 Kg of Ganja was recovered from the seat of the bike on which the petitioners were riding.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this

Patna High Court CR. MISC. No.79218 of 2024(3) dt.24-02-2025 2/2 case. It is further submitted that the contraband which has been seized is of intermediate quantity, it is not a commercial quantity. It has also been submitted that the bike is not the stolen one, it belongs to one Ram Dayal Rai. The major quantity was recovered from the house of the co-accused Jitendra Kumar. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. They are languishing in judicial custody since 10.05.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court-II, N.D.P.S., Muzaffarpur in connection with N.D.P.S. Case No. 116 of 2024 arising out of Maniyari P.S. Case No.105 of 2024.

(Ashok Kumar Pandey, J) lata/- U T