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Patna High CourtCR. MISC./8381/2023allowed

Sonu Kumar v. The State Of Bihar

2023-05-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8381 of 2023 Arising Out of PS. Case No.-1283 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== SONU KUMAR Son of Late Lal Babu Resident of Bhootnath Mandir, P.S.- K. Hat, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== 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 8(c)/21(b) of the N.D.P.S. Act.

As per FIR, prosecution case relates to recovery of 10 gram Brown sugar like substance along with one mobile from possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery of brown sugar like narcotic substance and the same is alleged to be 10 gm which does not come under purview of commercial quantity as per N.D.P.S.

Patna High Court CR. MISC. No.8381 of 2023(2) dt.02-05-2023 2/2 Act. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 28.11.2022.

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 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with K.Hat (Maranga) P.S. Case No. 1283 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 N.D.P.S. Act, Purnea. (Sunil Kumar Panwar, J) Amandeep/- U T