Patna High CourtCR. MISC./81406/2024bail granted

Raghvendra Kumar v. The State Of Bihar

2024-12-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81406 of 2024 Arising Out of PS. Case No.-482 Year-2023 Thana- SURSAND District- Sitamarhi ====================================================== Raghvendra Kumar S/O Late Ram Kishor Thakur R/O Village- Pipra Khurd, Ward No. 5, P.S- Parihar, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Sursand P.S. Case No. 482 of 2023 registered for the offence punishable under Sections 21(C) of the NDPS Act.

3. This is the second attempt of the petitioner for grant of bail. Earlier his application was rejected vide order dated 08.05.2024 passed in Cr. Misc. No. 19611 of 2024.

4. As per the prosecution case, total 80 bottles of NDPS cough syrup has been recovered from the possession of the petitioner.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from the conscious possession

Patna High Court CR. MISC. No.81406 of 2024(2) dt.18-12-2024 2/2 of the petitioner. The petitioner is in jail since 03.09.2023.

6. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

7. Considering the period of custody and the fact that the petitioner is not accused in any other case under NDPS Act, this application is allowed.

8. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge cum Special Judge (NDPS), Sitamarhi concerned court in connection with Sursand P.S. Case No. 482 of 2023.

9. While accepting the bail bonds, the Special Judge will verify the antecedent of the petitioner and if the petitioner is found accused in any other case under the NDPS Act, his bail bonds shall not be accepted.

10. The petitioner will co-operate in the trial. (Sandeep Kumar, J) Saif/- U T