Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83278 of 2023 Arising Out of PS. Case No.-919 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== 1.

MANISH KUMAR Son of Sri Ramanand Thakur R/o vill - Krishnapur, Yadav Tola, P.S. - K. Hat, Distt. - purnea 2.

Ajay Kumar Yadav Son of Sri Umesh Prasad Yadav R/o vill - Krishnapur, Yadav Tola, P.S. - K. Hat, Distt. - purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 8 (C), 21(B) of the N.D.P.S. Act.

3. According to F.I.R., four accused persons were apprehended on spot including the petitioner. On search, 26 sachet containing 7.30 gram smack (brown sugar) and Indian currency of Rs. 1,900/- from petitioner no. 1 and 32 sachet containing 8.30 gram smack and Rs. 1400/0 recovered from petitioner no. 2.

Patna High Court CR. MISC. No.83278 of 2023(3) dt.19-03-2024 2/3

4. Learned counsel for the petitioner submits that the petitioners are innocent and has committed no offence. They have falsely been implicated in this case. Petitioner has no concern with the alleged recovery and recovered brown sugar is more than small quantity but less than commercial quantity. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 8.1.2024 passed in Cr. Misc. No. 84220 of 2023. It is further submitted that the petitioners have got no criminal antecedent and languishing in judicial custody since 05.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with K.Hat P.S. Case No. 919 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.83278 of 2023(3) dt.19-03-2024 3/3 learned Special Judge (N.D.P.S. Act), Purnea. (Sunil Kumar Panwar, J) sushma/- U