Petitioner accused in an N.D.P.S. case (smack) sought regular bail. The court granted bail on Rs. 10,000 with two sureties, emphasizing the petitioner's clean antecedents and the lesser quantity recovered from co-accused.
Petitioner released on bail by furnishing Rs. 10,000/ with two sureties to the satisfaction of Additional Session Judge.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6229 of 2023
Arising Out of PS. Case No.-134 Year-2022 Thana- MARANCHI District- Patna
======================================================
KUMAR SANU SINHA Son of Bipin Kumar Sinha @ Bipin Sinha Resident of Village- Losghani, P.O.-Losghani, P.S.- Piribazar, District- Lakhisarai, Pin Code-811112. At presen/ as per F.I.R.- New Market, Near R. Lal College, P.S.- Kawaiya, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rohit Mishra For the Opposite Party/s : Mr.Md. Mushtaque Alam ======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 01-05-2023
Heard learned counsel for the petitioner as well as learned APP for the State.
In this case, the petitioner is seeking regular bail in connection with Maranchi P.S. Case No. 134 of 2022, registered for the offenses punishable under Sections 8(c)/ 21(a)/ 29 of N.D.P.S. Act.
The learned counsel for the petitioner has submitted that petitioner is a person of clean antecedent. Nothing was recovered from his possession. Whereas 29 grams of smack like substance was recovered from co-accused persons namely Abhinav Kumar. The quantity of smack which was recovered from co-accused Abhinav Kumar is much less than the
Patna High Court CR. MISC. No.6229 of 2023(2) dt.01-05-2023 2/3
commercial quantity. The petitioner is under custody since 26.08.2022.
On the other hand, the learned APP has opposed the prayer for bail.
Considering the above-mentioned facts and circumstances, clean antecedent as well as the period of detention, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Session Judge XXVI, Patna in connection with Maranchi P.S. Case No. 134 of 2022, subject to the following conditions:-
(i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
(Nawneet Kumar Pandey, J)
Sudha/Sonali
U T
Patna High Court CR. MISC. No.6229 of 2023(2) dt.01-05-2023 3/3
2 issues framed by the court
Whether the petitioner should be granted regular bail in the N.D.P.S. case.
The quantum of bail bond and conditions for release on bail.
Kumar Sanu Sinha
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
