Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3868 of 2024 Arising Out of PS. Case No.-147 Year-2023 Thana- BRAHMPURA District- Muzaffarpur ====================================================== Aditya Kumar Son Of Lankeshwar Yadav Resident Of Village - Rampur Gumti, P.S. - Bahadurganj, District - Kisanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 414, 420, 467, 468, 471 of the Indian Penal Code and Sections 8(c), 21(b) of the N.D.P.S Act. There is recovery of 6 grams of smack from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.3868 of 2024(2) dt.01-02-2024 2/3 been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery of smack. Moreover, the seized contraband is much below the commercial quantity. The petitioner is languishing in custody since 14.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail after framing of charge, if the charge has still not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 11th Additional District & Sessions Judge, Muzaffarpur in connection with Brahampura P.S. Case

Patna High Court CR. MISC. No.3868 of 2024(2) dt.01-02-2024 3/3 No. 147 of 2023(N.D.P.S Case No. 150 of 2023). (Sunil Kumar Panwar, J) Shageer/- U T