Sumeet Kumar @ Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48922 of 2016 Arising Out of PS.Case No. -346 Year- 2016 Thana -GAYA KOTWALI District- GAYA ====================================================== Sumeet Kumar @ Sumit Kumar Son of Manoj Prasad, resident of VillageNaugarh, P.S.- Chandauti, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sourendra Pandey For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-12-2016 Heard Sri Sourendra Pandey, learned counsel for the petitioner and Sri Arun Kumar, learned Additional Public Prosecutor The petitioner who is in custody in Kotwali (Gaya ) P.S. Case No. 346 of 2016 registered for the offence under section 17, 18 , 21, 22 of the Narcotic Drugs And Psychotropic Substances Act has prayed for grant of bail.

By way of referring to statement made in paragraph no. 3 of the petition it was submitted that petitioner is having clean antecedent and is aged about just above 16 years old . It has been argued that even though no contraband article was recovered but petitioner has been apprehended on an accusation of recovery of heroin weighing 0.6 gram. By way of referring to the F.I.R. it was argued by learned counsel for the petitioner that only on the basis

Patna High Court Cr.Misc. No.48922 of 2016 (2) dt.23-12-2016 2/2 of naked eye the informant who is a police officer has come to the conclusion that seized article was heroin. Neither any testing kit was used nor till date opinion of expert has been obtained . In any event, it has been argued that the so called recovered heroin is much lesser than the small quantity as prescribed under the Narcotic Drugs And Psychotropic Substance Act. Learned Additional Public Prosecutor though has opposed prayer for grant of bail he has not disputed the fact that recovered so -called heroin was about 0.6 grams. In view of clean antecedent of the petitioner as mentioned in paragraph no.

3 of the petition , age as well as quantity of the so -called heroin which is much lesser than the smaller quantity, let the petitioner Sumeet Kumar @ Sumit Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of District & Sessions Judge, Gaya / concerned court in connection with Kotwali ( Gaya ) P.S. Case No. 346 of 2016.

(Rakesh Kumar, J) Praful/- U T