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Patna High CourtCR. MISC./12452/2023allowed

Shishu Kumar v. The State Of Bihar

2023-04-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12452 of 2023 Arising Out of PS. Case No.-446 Year-2022 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== SHISHU KUMAR Son of Arun Yadav R/v- Mahesua, Ward No. 08, P.S.- Udakishunganj, Dist- Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 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(c) and 21A of the N.D.P.S. Act.

As per prosecution case, on secret information received, there has been recovery of 100 mg Brown sugar like substance from the jacket of the petitioner.

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 Brown sugar like substance. The seized Brown sugar like substance does not come within the purview

Patna High Court CR. MISC. No.12452 of 2023(2) dt.25-04-2023 2/2 of commercial 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 20.12.2022.

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 District and Sessions Judge-cum-Special Judge, NDPS Act, Madhepura in connection with Udakishunganj P.S. Case No. 446 of 2022. (Sunil Kumar Panwar, J) arish/- U T