Nitish Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.27898 of 2018 (2) dt.08-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27898 of 2018 Arising Out of PS.Case No. -466 Year- 2017 Thana -FATUHA District- PATNA ======================================================

1. Nitish Kumar, Son of Rammantra Rai, Resident of Naya Tola Bariarpur, P.S.-Bakhtiarpur, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 08-05-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 24.10.2017, seeks bail in Fatuha PS Case No. 466 of 2017 Special Case No. 161 of 2017 registered under Sections 20 and 22 of the NDPS Act. The allegation in brief is that the petitioner was apprehended by the police carrying 1 Kilogram of Ganja.

Learned Counsel for the petitioner submits that the quantity of the alleged recovery is small one as only 1 Kilogram of Ganja is alleged to have been recovered, however the petitioner has no criminal antecedent and has been in custody since 24.10.2017. Having considered the aforesaid facts and circumstances, recovery of small quantity and clean antecedent, the petitioner, namely, Nitish Kumar is directed to 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 Additional Sessions Judge X, Patna in connection with Fatuha PS Case No. 466 of 2017, Special Case No. 161 of 2017.

Snkumar/- (Arun Kumar, J) U T