Patna High CourtCR. MISC./2650/2024bail granted

Abhishek Agrawal @ Abhishek Kumar v. The State Of Bihar

2024-01-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2650 of 2024 Arising Out of PS. Case No.-390 Year-2023 Thana- BAHADURPUR District- Patna ====================================================== Abhishek Agrawal @ Abhishek Kumar Son of Suresh Kumar Agrawal Resident of Birla Mandir Road, P.S. Pirbahor, District Patna, presently Resident at flat number 301, A, The residency city centre, Budha Marg, p.S.- Budha Colony, Patna, Bihar- 800001 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gautam Kumar Kejriwal For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-01-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under Sections 21/22 of the Narcotic Drugs and Psychotropic Substance Act, 1985.

3. As per the prosecution case, total 4.8132 grams of Buprenorphine Injection (Morphine)has been recovered from the accused persons.

4. Learned counsel for the petitioner submits that maximum recovery which can be attributed to the petitioner is 0.24 grams if the recovery from the petitioner is considered to be 2ML in each vial. Petitioner is in jail since 13.10.2023 and has clean antecedent. He further submits that the petitioner was made to

Patna High Court CR. MISC. No.2650 of 2024(2) dt.24-01-2024 2/2 believe that he had to supply the same to some bonafide purchaser/shop.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances of the case, this application for regular bail is allowed.

7. Let the petitioner, above named, 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 the learned Sessions Judge/Special Judge (NDPS)/concerned Court below in connection with Bahadurpur P.S. Case No. 390 of 2023 subject to the condition that:- 7(1). The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on absence on two consecutive dates without sufficient reason, the bail bond shall be cancelled by the Court below.

(Sandeep Kumar, J) Shishir/- U T