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Patna High CourtCR. MISC./7448/2023allowed

Sujeet Kumar @ Sujeet Kumar Singh v. The State Of Bihar

2023-05-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7448 of 2023 Arising Out of PS. Case No.-302 Year-2022 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Sujeet Kumar @ Sujeet Kumar Singh Son Of Mahendra Pratap Singh Resident Of Mohalla- Magadh Colony, Road No- 11, P.S.- Magadh Medical, District Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 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 sections 18, 20, 22 of the NDPS Act.

The prosecution case relates to recovery of total 220 grams opium and 25 grams ganja like substance which was recovered from the house of co-accused and the petitioner is alleged to be also involved in the illegal trading.

Patna High Court CR. MISC. No.7448 of 2023(2) dt.02-05-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. The petitioner lives in a joint house and he has no concern with the alleged recovery. Neither the petitioner was apprehended on the spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the recovered 220 grams opium and 25 grams ganja like substance do not come under the purview of commercial quantity. The petitioner is languishing in judicial custody since 28.10.2022. 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 Magadh Medical P.S. Case No. 302 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-

Patna High Court CR. MISC. No.7448 of 2023(2) dt.02-05-2023 3/3 cum-Special Judge, NDPS Act Gaya.

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