Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8808 of 2023 Arising Out of PS. Case No.-845 Year-2022 Thana- DANAPUR District- Patna ====================================================== Kamlesh Kumar Son Of Ramayan Rai @ Ramayan Ray R/O MohallaNasariganj Biscuit Factory More, Mushahari Gali, P.S.- Danapur, DistrictPatna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sarandha Suman For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 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 21(b) of the N.D.P.S. Act. It is a case of recovery of 15 grams of Brown Sugar (Smack), 6 grams of Ganja like substance and Rs. 11,230/- from the possession of petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no independent witness of the alleged seizure. The alleged recovered Brown

Patna High Court CR. MISC. No.8808 of 2023(2) dt.03-05-2023 2/2 Sugar and Ganza is lesser than commercial quantity as per N.D.P.S. Act. Moreover, the petitioner is languishing in judicial custody since 16.08.2022.

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 Danapur P.S. Case No. 845 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 Additional District and Sessions Judge, XVIII, Patna.

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