Rajeev Kumar @ Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74961 of 2022 Arising Out of PS. Case No.-534 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== Rajeev Kumar @ Rajiv Kumar Son Of Sri Radha Krishna Singh R/O Village - Kab, P.S.- Rani Talab, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Priyedarshi For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2023 Heard learned counsel for the petitione learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code, Sections 25(1-B) a, 26, 35 of the Arms Act and Sections 8(c) 21(b) of the N.D.P.S. Act.

There is recovery of 7.5 grams of smack from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered

Patna High Court CR. MISC. No.74961 of 2022(5) dt.08-08-2023 2/2 from the conscious possession of the petitioner. The seized contraband does not come within the purview of commercial quantity. The petitioner is a student preparing for competitive examination and is languishing in custody since 21.05.2022. Moreover, other similarly situated co-accused has been granted privilege of bail by a coordinate Bench of this Court vide order dated 20.02.2023 passed in Cr. Misc. No. 56380 of 2022. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XXV, Patna in connection with Phulwari Sharif P.S. Case No. 534 of 2022, arising out of Special Case No. 78/22(N.D.P.S. No. 94/2022).

(Sunil Kumar Panwar, J) Shageer/- U T