Patna High CourtCR. MISC./80798/2024bail granted

Nishant Kumar v. The State Of Bihar

2024-12-06Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80798 of 2024 Arising Out of PS. Case No.-557 Year-2024 Thana- DANAPUR District- Patna ====================================================== Nishant Kumar S/o- Jagdish kumar @ Jagdish Prasad @ Jagdish Prasad Kumar Mohalla- Nasriganj, biscuit factory more, Police station - Danapur, Distt. -Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Kumar Jain, Adv.

For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-12-2024 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 Danapur P.S. Case No. 557 of 2024, Special Case (N.D.P.S.) No. 119/2024 dated 22.06.2024 registered for the offences punishable u/ss 8, 20(b) (ii)(B) of N.D.P.S. Act and Section 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, total 2.960 Kg. ganja, a country made pistol and Rs. 26,500/- in cash were recovered from the possession of the petitioner. Total 2.860 Kg. ganja was recovered from the possession of the co-accused, Sunny Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.80798 of 2024(2) dt.06-12-2024 2/2 case. It is further submitted that the seized contraband is less than the commercial quantity. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The co-accused person has already been granted regular bail by this court vide order dated 01.10.2024 passed in Cr. Misc. No. 63567 of 2024. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.06.2024.

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, Patna in connection with Danapur P.S. Case No. 557 of 2024, Special Case No (NDPS).

7. The application stands allowed.

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