Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86559 of 2024 Arising Out of PS. Case No.-51 Year-2023 Thana- MANSI RAIL P.S. District- Khagaria ====================================================== Sonu Kumar Son of Late Baleshwar Jha @ Baleshwar Singh Resident of Village- Chakhusini Ward No. 12, P.S.- Mansi, Distt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hafiz Shahbaz Arif, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in custody in a case registered for the offence punishable under Sections 08/20(b)(ii)(B) of the NDPS Act.

As per allegation in the FIR, it is a case of recovery of 8.60 kg. of ganja recovered from the possession of the petitioner which is less than commercial quantity.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that earlier the prayer for bail of this petitioner was rejected by this Court passed in Cr. Misc. No. 12441 of 2024. He next submits that he has no concern with the seized ganja

Patna High Court CR. MISC. No.86559 of 2024(2) dt.14-02-2025 2/3 and the said recovery of ganja is less than commercial quantity. Petitioner is in custody since 21.09.2024 and he has got clean antecedent as stated in para-3 of the petition. Learned APP for the State opposes the prayer for regular bail of the petitioner and the seized ganja is less than commercial quantity.

In view of the aforesaid facts as also the fact that the seized ganja is less than commercial quantity and petitioner has got clean antecedent and this Court passed in Cr. Misc. No. 12441 of 2024 has observed that the "trial Court is directed to conclude the trial within a period of six months and if the trial is not concluded within the stipulated period, the petitioner may renew his prayer for bail before the trial Court" but the trial is not concluded till today by the learned trial Court, so I am inclined to grant bail to the petitioner. So 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 Additional Sessions Judge-Vcum-Special Judge NDPS, Khagaria in connection with Special Case (NDPS) No.30 of 2023 arising out of Rail Mansi P.S. Case No. 51 of 2023, subject to the conditions that the petitioner shall appear before the trial Court on each and every date till

Patna High Court CR. MISC. No.86559 of 2024(2) dt.14-02-2025 3/3 disposal of the trial.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T