Ritish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82379 of 2023 Arising Out of PS. Case No.-24 Year-2023 Thana- MANSI RAIL P.S. District- Khagaria ====================================================== Ritish Kumar Son of Umesh Yadav R/O Village- Tikarampur, Ward No.3, P.S.- Muffasil Munger, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner is an accused in connection with Mansi Rail P.S. Case No.24 of 2023 registered under Sections 8/20(b) (ii)(B) of the N.D.P.S. Act.

3. It is alleged that 2 kg ganja has been recovered from joint possession of two named accused persons including the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case merely on suspicion. The recovery of ganja is below the commercial quantity. There is no compliance of Section 50 of the N.D.P.S. Act. It is further submitted that similarly situated co-accused Darshan Kumar has already been granted bail by a

Patna High Court CR. MISC. No.82379 of 2023(2) dt.10-01-2024 2/2 coordinate bench of this Court vide order dated 21.12.2023 passed in Cr. Misc. No.80735 of 2023. The petitioner is in custody since 26.04.2023.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case as well as the fact that similarly situated co-accused has been granted bail by a coordinate bench of this Court, let the above named petitioner be released 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 Additional Sessions Judge III, Khagaria in connection with Special (N.D.P.S.) Case No.19 of 2023 arising out of Mansi Rail P.S. Case No.24 of 2023 subject to the following conditions:

(i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates without any reasonable reason, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (Sunil Dutta Mishra, J) Harish/- U T