Abhinav Kumar v. The Union Of India Through Narcotics Control Bureau, Patna Zonal Unit, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6731 of 2023 Arising Out of PS. Case No.-134 Year-2022 Thana- MARANCHI District- Patna ====================================================== Abhinav Kumar Son Of Pramod Saw R/V- Naya Bazar, Badi Durgasthan, P.S.- Kabaiya, District- Lakhisarai ... ... Petitioner/s

Versus

1.

The Union of India through Narcotics Control Bureau, Patna Zonal Unit, Patna Bihar 2.

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

For the Petitioner/s :

Mr.Mayank Bilochan For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 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 a case registered for the offences punishable under Sections 8(c), 21(b), 29 of N.D.P.S. Act.

As per the allegation in F.I.R, 29 grams of Brown Sugar (Smack) like narcotics substance from a motorcycle bearing Reg. No. BR-53F-2434. Petitioner and other co-accused Kumar Sanu Sinha are alleged to be apprehended on spot.

Patna High Court CR. MISC. No.6731 of 2023(2) dt.01-05-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner has no concern with the alleged recovered contraband or with the motorcycle. The alleged recovered Smack like narcotics substance is lesser than commercial quantity as per N.D.P.S. Act. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 27.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Maranchi P.S. Case No. 134 of

Patna High Court CR. MISC. No.6731 of 2023(2) dt.01-05-2023 3/3 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 Additional Sessions Judge XXVI, Patna.

(Sunil Kumar Panwar, J) Nirajkrs/- U T