Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26890 of 2018 Arising Out of PS. Case No.-226 Year-2017 Thana- SALIMPUR District- Patna ====================================================== Pintu Kumar, Son of Ram Bali Rai, Resident of Village- Kaladiyara P.S.- Salimpur District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Hitesh Suman, Advocate Smt. Usha Kumari Singh, Advocate For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 07-05-2018 Heard Sri Hitesh Suman, learned counsel, assisted by Smt. Usha Kumari Singh, learned counsel for the petitioner. None appeared on behalf of the State.

The petitioner, having clean antecedent, which fact has been stated in paragraph no. 3 of the petition, has prayed for grant of bail in connection with Special Case No. 191 of 2017 [ arising out of Salimpur P.S. Case No. 226 of 2017] registered for the offence under Sections 20/ 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 . Learned counsel for the petitioner submits that petitioner was falsely implicated and arrested in the present case on an accusation of recovery of 4 Kg 250 gm of Ganja. He submits that seizure list was not prepared in accordance with

Patna High Court Cr.Misc. No.26890 of 2018(2) dt.07-05-2018 2/2 law and petitioner is in custody since 16.12.2017. He further submits that the recovered Ganja is much below the commercial quantity.

Be that as it may, considering the clean antecedent of the petitioner as well as the fact that quantity of Ganja shown to be recovered from the petitioner is below commercial quantity and the period of custody, let petitioner Pintu Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - IIIrd - cum- Special Judge CBI - IIIrd, Patna / concerned court in connection with Special Case No. 191 of 2017 ( arising out of Salimpur P.S. Case No. 226 of 2017).

(Rakesh Kumar, J) praful/- U T