Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5253 of 2023 Arising Out of PS. Case No.-424 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Aman Kumar S/O Mukesh Mahto Resident of village- Kanti, P.S.- Kanti, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Nandan, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 29.06.2022, in connection with Kanti P.S. Case No. 424 of 2022, F.I.R. dated 28.06.2022 registered for the offences punishable under Sections 8(C)/21(b) of Narcotic Drugs and Psychotropic Substances Act.

Recovery is of 10 Grams of Smack.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that from bare perusal of the F.I.R. as well as seizure list that 10 Grams of Smack like product wrapped in a black polythene was recovered from the possession of the petitioner. He further submits that the

Patna High Court CR. MISC. No.5253 of 2023(4) dt.19-07-2023 2/3 allegation as alleged in the F.I.R. is false and there is non compliance of Section 50 of the N.D.P.S. Act. He further submits that the recovered contraband is less than the commercial quantity and hence there is no embargo under Section 37 of the N.D.P.S. Act to enlarge the petitioner on bail and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 29.06.2022. Learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases in which one of the case pertaining to N.D.P.S. matter and the FSL report confirms that the recovered contraband is Smack but fairly submits that the recovered contraband is less than the commercial quantity.

Considering the facts and circumstances of the case that the recovered contraband is less than the commercial quantity, let the petitioner, above named, be released on bail, after framing of charge, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Muzaffarpur, in connection with Kanti P.S. Case No. 424 of 2022, with the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.5253 of 2023(4) dt.19-07-2023 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T