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Patna High CourtCR. MISC./84788/2024allowed

Niraj Kumar v. The State Of Bihar

2025-01-07Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84788 of 2024 Arising Out of PS. Case No.-80 Year-2024 Thana- MAHESHKHUNT District- Khagaria ====================================================== Niraj Kumar S/O Kapil Prasad Yadav @ Kapildev Prasad Yadav Resident of Village- Govindpur P.S.- Sahebpur Kamal, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Singh, Advocate For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8/20(B) iiB, 22(B) of the N.D.P.S. Act.

3. The case of the prosecution is that altogether 5 kgs of ganja was recovered from the possession of this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted by learned counsel for the petitioner that the said contraband which has been recovered from the possession of this petitioner is more than small quantity and less than commericial quantity as N.D.P.S. Act. A statement has been made in para-3 of this

Patna High Court CR. MISC. No.84788 of 2024(2) dt.07-01-2025 2/2 petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 09.05.2024.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Maheshkhunt P.S. Case No. 80 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-Vth, Khagaria.

(Ashok Kumar Pandey, J) shubham/- U T