Abhinandan Kumar @ Abhinandan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2026 of 2024 Arising Out of PS. Case No.-178 Year-2023 Thana- JOGBANI District- Araria ====================================================== Abhinandan Kumar @ Abhinandan Ram Son Of Indra Dev Ram R/O VillageWard No. 01, Purani Jogbani Haripuri, P.S.- Jogbani, Dist.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 414 of the Indian Penal Code and Sections 21, 22 of the N.D.P.S Act.

There is recovery of 38 grams of smack from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.2026 of 2024(2) dt.29-01-2024 2/3 been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the seized vehicle or the smack or the apprehended accused persons. Moreover, the seized contraband does not come within the purview of commercial quantity. The petitioner is languishing in custody since 11.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail after framing of charge, if the charge has still not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, N.D.P.S cum 1st Additional

Patna High Court CR. MISC. No.2026 of 2024(2) dt.29-01-2024 3/3 Sessions Judge, Araria in connection with Jogbani P.S. Case No. 178 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T