Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79392 of 2024 Arising Out of PS. Case No.-353 Year-2023 Thana- DIDARGANJ District- Patna ====================================================== Abhishek Kumar Son of Gopal Pandey Resident of at Present Gulmahiyabagh, P.S. - Didarganj, District - Patna, Permanent address Village - Rustampur, P.S.- Raghopur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Didarganj P.S. case No. 353 of 2023 instituted for the offences under Sections 20(b)(ii)(c)/22(c)/27(A) of the N.D.P.S. Act. 3.

Prosecution case, in short, is that 16 Kg ganja has been recovered in this case.

4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner

Patna High Court CR. MISC. No.79392 of 2024(2) dt.11-11-2024 2/3 sprang in this case as the owner of the vehicle. Learned counsel for the petitioner submits that petitioner has sold his motorcycle to one Vikash Kumar vide sale deed dated 03-02-2023, copy of which is enclosed at Annexure-P/2 to this application. Chargesheet has been submitted in this case. Petitioner is in custody since 05.09.2024 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The recovered contraband is above the small quantity and below the commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Section 42 and 50 of the N.D.P.S. Act.

5.

Learned A.P.P. 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, clean antecedent as also 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.79392 of 2024(2) dt.11-11-2024 3/3 below/concerned Court in connection with Didarganj P.S. case No. 353 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T