Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79395 of 2024 Arising Out of PS. Case No.-348 Year-2024 Thana- ARWAL District- Jehanabad ====================================================== Bittu Kumar S/o- Late Binod Prasad @ Vinod Saw Village- Arwal Sipah PSArwal Dist- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dheeraj Kumar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-02-2025 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 Arwal P.S. Case No. 348/2024 dated 06.09.2024 registered for the offence punishable u/s 8(c) and 21(a) of the N.D.P.S Act.

3. As per the prosecution case, total 1.200 grams of smack was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The seized contraband is less than commercial quantity. The petitioner has nine criminal antecedents out of which one case is related to similar nature of offence and he is

Patna High Court CR. MISC. No.79395 of 2024(3) dt.14-02-2025 2/2 on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 07.09.2024.

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, Jehanabad in connection with Arwal P.S. Case No. 348/2024, with the conditions:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

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