Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83117 of 2024 Arising Out of PS. Case No.-340 Year-2024 Thana- KAHALGAON District- Bhagalpur ====================================================== Bipin kumar S/O Sukhru Mandal R/O village -Ogari, PS- kahalgaon, DistrictBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baijnath Sah, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with NDPS Case No. 60 of 2024, arising out of Kahalgaon P.S. Case No. 340 of 2024, instituted for the offences punishable under Sections 8(c) and 21(b) of the NDPS Act.

3. The prosecution case, in short, is that, 100 gm brown sugar has been recovered from the possession of the petitioner along with one other co-accused person.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.83117 of 2024(2) dt.04-12-2024 2/3 present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has got no concern with the alleged recovery of brown sugar. 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 is in custody since 31.05.2024 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 12.11.2024 in Cr. Misc. No. 78846 of 2024.

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

6. Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the commercial quantity, the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court

Patna High Court CR. MISC. No.83117 of 2024(2) dt.04-12-2024 3/3 below/concerned Court in connection with NDPS Case No. 60 of 2024, arising out of Kahalgaon P.S. Case No. 340 of 2024. (Rudra Prakash Mishra, J) Rajorshi/- U T