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Patna High CourtCR. MISC./11212/2023allowed

Gorav Kumar @ Gourav Kumar v. The State Of Bihar

2023-04-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11212 of 2023 Arising Out of PS. Case No.-194 Year-2022 Thana- TATARPUR District- Bhagalpur ====================================================== Gorav Kumar @ Gourav Kumar Son Of Sanjay Mishra R/O VillageKarhariya, P.S. And District- Banka ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 20, 22 of the NDPS Act.

As per prosecution case, on secret information informant along with police party reached at the place of occurrence and apprehended this petitioner along with coaccused persons and on search 10 gram brown sugar like substance recovered from his possession.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner has no concern with the alleged recovery and seizure list has not been

Patna High Court CR. MISC. No.11212 of 2023(2) dt.21-04-2023 2/2 prepared as per provision of u/s 50 of the NDPS Act. Petitioner has got no criminal antecedent. It is further submitted that recovered 10 gram brown sugar like substance does not come under the purview of commercial quantity. Similarly situated co-accused has already been granted bail by this Court vide order dated 11.04.2023 passed in Cr. Misc. No. 4374 of 2023. The petitioner is languishing in judicial custody since 17.08.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Tatarpur P.S. Case No. 194 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge Bhagalpur.

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