Nitesh Kumar @ Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5542 of 2023 Arising Out of PS. Case No.-351 Year-2022 Thana- MUNGER MUFFASIL District- Munger ====================================================== NITESH KUMAR @ NITISH KUMAR Son of Ram Naresh Thakur R/VLakshrampur P.S- kalyanpur Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8/20 (b)(ii)(cc), 25 and 29 of the N.D.P.S. Act.

As per prosecution case, on secret information received, police party started checking the vehicle and on search there has been recovery of 3 Kg Ganja and mobiles from the bag of the petitioner and the same from others co-accused also. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized Ganja. He submitted that seized Ganja like substance does not come within the purview of commercial

Patna High Court CR. MISC. No.5542 of 2023(2) dt.10-04-2023 2/2 quantity as per N.D.P.S. Act. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 27.09.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Munger in connection with Munger Muffasil P.S. Case No. 351 of 2022.

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