Piyush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4788 of 2024 Arising Out of PS. Case No.-445 Year-2023 Thana- MANER District- Patna ====================================================== Piyush Kumar S/O Ramesh Prasad R/O Near Sarkari Hospital Char Hazar Muhalla, P.O.- Maner, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohit Raj, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner apprehends arrest in Maner P.S. Case No. 445 of 2023, registered under Sections 8(c), 20(b) and 21(c) of the NDPS Act.

3. The prosecution case, in short, is that, 275 grams of smack, 25 grams opium and 5 grams of some grey coloured contraband substance were recovered from the possession of coaccused Shubham Kumar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that name of the petitioner has transpired on the basis of confessional statement of coaccused Shubham Kumar. The petitioner is separate in mess and business from the co-accused. As per FSL report, the recovered

Patna High Court CR. MISC. No.4788 of 2024(6) dt.10-07-2024 2/2 contraband is found to be 07.65 gram codeine which is just below the small quantity and 07.57 gram morphine which is above the small quantity but below the commercial quantity. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner has got two criminal antecedents. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maner P.S. Case No. 445 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T