An accused may be granted bail if the quantity of drugs recovered from him is less than the commercial quantity and he has been in custody for a significant period.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22245 of 2022

Arising Out of PS. Case No.-578 Year-2021 Thana- JAKKANPUR District- Patna

======================================================

SUJAY KUMAR @ ANDWA Son of Arun Kumar Singh Resident of Village -

Dariyapur Masaurhi, P.S. Masaurhi, District - Patna. At Present - D.N. Singh,

Lane Tenant in House of Jagnath Singh, P.S.- Jakkanpur, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Sanjay Kumar Sinha, Advocate

For the Opposite Party/s :

Mr.Dinesh Singh, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

ORAL ORDER

4

04-01-2023

Heard the learned counsel for the petitioner and

the learned APP for the State.

The petitioner seeks regular bail in connection

with Jakkanpur PS case no. 578 of 2021 instituted for the

offences punishable under Sections 8C, 21(C), 25, 29 of

POCSO Act.

The case of the prosecution in brief is that during

the course of checking the vehicles, the police had apprehended

the petitioner and 33 grams of Brown Sugar was recovered.

The learned counsel for the petitioner submits

that the petitioner is innocent, has been falsely implicated in the

present case and is languishing in custody since 16.11.2021. The

learned counsel for the petitioner has further submitted that the

petitioner is an accused in three other cases but he is on bail in

Patna High Court CR. MISC. No.22245 of 2022(4) dt.04-01-2023

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all the three cases. It is also submitted that the quantity of

Brown Sugar (Heroine), recovered from the petitioner is much

less than the commercial quantity defined in the Schedule

notified under the provisions of the N.D.P.S. Act, 1985 i.e. 250

gms., hence, benefit of doubt may be granted to the petitioner

for the purposes of grant of bail.

Per contra, the learned APP for the State has

vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the

case, considering the submissions made by the learned counsel

for the parties and taking into account the materials available on

record as also considering the fact that the quantity of Brown

Sugar (Heroine) recovered from the petitioner is much less than

the commercial quantity defined in the Schedule notified under

the provisions of the N.D.P.S. Act, 1985 i.e. 250 gms., apart

from the fact that the petitioner is languishing in custody since

more than one year, I deem it fit and appropriate to enlarge the

petitioner on bail.

Accordingly, the abovenamed petitioner is directed to

be released on regular bail on furnishing bail bond of

Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like

amount each to the satisfaction of learned Additional Sessions

Patna High Court CR. MISC. No.22245 of 2022(4) dt.04-01-2023

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Judge-XVII-cum-Special Judge, N.D.P.S. in connection with

Jakkanpur PS case no. 578 of 2021.

rinkee/-

(Mohit Kumar Shah, J)

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