Patna High CourtCR. MISC./398/2024bail granted

Santu Kumar @ Umesh v. The State Of Bihar

2024-03-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.398 of 2024 Arising Out of PS. Case No.-708 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

SANTU KUMAR @ UMESH S/O SUNIL PRASAD R/O VILLAGERATANPURA, P.S- BHAGWAN BAZAR, DISTT.- SARAN. 2.

AKASH KUMAR S/O LALAN MAHTO R/O VILLAGE- RATANPURA, P.S- BHAGWAN BAZAR, DISTT.- SARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Ajit Kumar Singh, Advocate For the State :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in a case registered for the offence punishable under Sections 8(c) and 21(b) of the NDPS Act.

3. As per prosecution case, 23.710 grams of smack has been recovered from the possession of the petitioners.

4. It is submitted by learned counsel appearing on behalf of the petitioners that these petitioners have falsely been implicated in this case only on suspicion. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the alleged recovery is less than

Patna High Court CR. MISC. No.398 of 2024(3) dt.21-03-2024 2/2 commercial quantity. Petitioners claim clean antecedents. Petitioners are in custody since 08.09.2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the rival submissions, period of custody, and clean antecedents of the petitioners, the prayer for bail of petitioners is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Saran at Chapra, in connection with Chapra Muffasil P.S. Case No. 708 of 2023.

(Prabhat Kumar Singh, J) shashank/- U T