Jyotish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.421 of 2024 Arising Out of PS. Case No.-187 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== Jyotish Kumar Son of Suresh Rai Resident of B. K. Dutta Lane ,P. S.- Jakkanpur, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Shankar Sinha For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 21(b), 22(b) and 29 of the NDPS Act.

It is a case of recovery of total 21.40 gm brown sugar heroine like substance and a vivo company mobile form the possession of co-accused Vikash Kumar. The petitioner is alleged to have fled away from the place of seizure.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence.

Patna High Court CR. MISC. No.421 of 2024(5) dt.26-04-2024 2/3 The petitioner was not apprehended from the spot nor he has any concern either with the apprehended accused person or the seized contraband. He has falsely been implicated in this case merely on the basis of confession of the co-accused which has no evidentiary value in the eye of law. Moreover, the recovered contraband is lesser than the commercial quantity as per N.D.P.S. Act. It is further submitted that the petitioner is languishing in judicial custody since 28.01.2023.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gardanibagh P.S. Case No. 187 of 2022 (Special Case No. 85 of 2023) on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.421 of 2024(5) dt.26-04-2024 3/3 amount each to the satisfaction of learned Additional Sessions Judge-IV, Patna.

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