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Patna High CourtCR. MISC./286/2024bail granted

Shivam Kumar v. The State Of Bihar

2024-03-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.286 of 2024 Arising Out of PS. Case No.-771 Year-2023 Thana- Excise P.S. District- Aurangabad ====================================================== SHIVAM KUMAR SON OF ARUN SINGH R/O VILLAGE- BASO, P.S.- HARIHARGANJ, DIST.- PALAMU (JHARKHAND) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

THE UNION OF INDIA NEW DELHI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Amit Anand, Advocate For the State :

Mr. Amitesh Kumar, APP For the Union of India :

Mr. Rakesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the Union of India.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 20(b) and 22 of the NDPS Act.

3. As per prosecution case, 12 Kgs of ganja has been recovered from a scorpio vehicle. Petitioner is alleged to be son of the owner of the vehicle in question.

4. It is submitted by learned counsel appearing on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner and he has been made an accused in this case only because he happens to be son of owner of the vehicle in question. It is further submitted that the

Patna High Court CR. MISC. No.286 of 2024(3) dt.21-03-2024 2/2 petitioner is in custody since 04.10.2023 and has got clean criminal antecedents.

5. Learned A.P.P. for the State and learned counsel for the Union of India have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the rival submissions, period of custody and clean antecedents of the petitioner, the prayer for bail of the petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (N.D.P.S.)-cum-1st Addl. District and Sessions Judge, Aurangabad, in connection with B.P. No. 1204 of 2023 arising out of Excise P.S. Case No. 771 of 2023.

(Prabhat Kumar Singh, J) shashank/- U T