Patna High Court - Orders
Sameer Bidyarthi @ Jhuna vs The State Of Bihar on 22 May, 2023
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22694 of 2023
Arising Out of PS. Case No.-1028 Year-2022 Thana- ARA NAWADA District- Bhojpur
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1. Sameer Bidyarthi @ Jhuna S/O Ranjeet Kumar R/O Biharsharif Nai Sarai
(Sangat Gali), P.S- Biharsharif, Distt.- Nalanda.
2. Nandan Kumar @ Raj Nandan Kumar S/O Alakh Kumar @ Alakhnandan
Prasad R/O Biharsharif Nai Sarai (Sangat Gali), P.S- Biharsharif, Distt.-
Nalanda.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
Mrs.Vaishnavi Singh, Advocate
Mr. Ritwik Thakur, Advocate
For the Opposite Party/s : Ms.Anita Kumari, APP
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 22-05-2023Heard learned counsel for the petitioners and learned APP for the State.
2. In the present case, the petitioners seek bail in connection with Ara Nawada P.S. Case No. 1028 of 2022 registered on 26.11.2022 for the alleged offences under Sections 21(b) and 29 of the Narcotic Drugs and Psychotropic Substance Act.
3. As per prosecution case, police received information about selling of heroine/brown sugar from the house of one Khatai Yadav. A raid was conducted and six persons were found present there including these two petitioners. Patna High Court CR. MISC. No.22694 of 2023(2) dt.22-05-2023 2/4 Recovery of 124.54 gms of heroine, electronic weighing machine, scissors, aluminum paper, etc. were made from the house and on the search of the petitioners, Rs. 2,05030/- kept inside an airbag was made. Further recovery of mobile phones were made from the place. Further allegation is that co-accused Ashish Kumar and Akash Kumar Singh admitted that they were supplying the psychotropic substance and co-accused Ritik Kumar and Nitish Kumar are stated to be their associates in this work. Petitioners are stated to be the persons who had come to take the delivery of the contraband and the money recovered from them was the sale proceeds of the contraband.
4. Learned counsel for the petitioners submits that petitioners are brothers and they are innocent and have been falsely implicated in this case. The petitioners have nothing to do with the house in question as the said house does not belong to these petitioners nor the petitioners are tenant in the said house. No narcotic substance was recovered from the possession of these petitioners and the allegation that they had come to purchase the contraband is incorrect. Moreover, the total recovery is of 124.54 gms of heroine and it is much less than the commercial quantity. In the aforesaid and circumstances, it cannot be said that petitioners were the persons from whom the Patna High Court CR. MISC. No.22694 of 2023(2) dt.22-05-2023 3/4 recovery of contraband was made. The petitioners are in custody since 27.11.2022 and charge-sheet has been submitted. The petitioners have got no criminal antecedent.
5. Learned APP vehemently opposes the prayer for bail made on behalf of the petitioners. Learned APP further submits that all the accused persons were apprehended from the place where recovery of about 125 gms of heroine was made and other articles recovered from the place like electronic weighing machine, scissors and aluminum paper show all of them were involved in purchase and sale of the heroine.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the quantity of the seized contraband and further considering the lack of substantive material against the petitioners except their presence at the spot and further considering their period of custody and submission of charge-sheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XIII-cum-Special Judge, NDPS Act, Bhojpur at Ara/concerned court in connection with Ara Nawada P.S. Case No. 1028 of 2022 (NDPS Case No. 15 of 2023), subject to the Patna High Court CR. MISC. No.22694 of 2023(2) dt.22-05-2023 4/4 conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below.
(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) himanshu/-
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