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Patna High CourtCR. MISC./3393/2023allowed

Raju Kumar v. The State Of Bihar

2023-02-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3393 of 2023 Arising Out of PS. Case No.-673 Year-2022 Thana- CIVIL LINE District- Gaya ====================================================== Raju Kumar Son Of Mohan Prasad @ Mohan Lal Resident Of MohallaNadraganj Mallah Toil, Ward No.-38, P.S.- Civil Lines, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Civil Lines P.S. Case No. 673 of 2022 registered under sections 8, 20(b) (ii) A/25 of the N.D.P.S. Act.

Prosecution case relates to recovery of 5.340 gram of smack(heroine) packed in 11 sachets along with some cash and one mobile from the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on suspicion. It is further submitted that the recovered smack from the petitioner does not come under the purview of the commercial

Patna High Court CR. MISC. No.3393 of 2023(5) dt.09-02-2023 2/2 quantity. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 10.10.2022. The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Civil Lines P.S. Case No. 673 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge (N.D.P.S.Act), Gaya. (Sunil Kumar Panwar, J) shubham/- U T