Chandra Kishore Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11440 of 2023 Arising Out of PS. Case No.-435 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== Chandra Kishore Kumar Son Of Kamleshwari Mukhiya Resident Of Village - Murliganj, Goushala Chowk, Ward No.- 2, P.S.- Murliganj, District - Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== 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 filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 20, 21, 22 of N.D.P.S. Act.

It is a case of recovery of 97.480 grams of Smack like narcotics substance from the house of coaccused Raj Kishore Mukhiya. Petitioner and other were apprehended on the spot.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.11440 of 2023(2) dt.21-04-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner has no concern either with the alleged recovery or with the place of seizure. The alleged recovered Smack like narcotics substance is lesser than commercial quantity as per N.D.P.S. Act. Moreover, the petitioner is languishing in judicial custody since 09.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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 N.D.P.S. Case No. 47 of 2022 arising out of Murliganj P.S. Case No. 435 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten

Patna High Court CR. MISC. No.11440 of 2023(2) dt.21-04-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I-cum-Special Judge (SC/ST), Madhepura.

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