Fulendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13173 of 2023 Arising Out of PS. Case No.-593 Year-2022 Thana- ARWAL District- Jehanabad ====================================================== Fulendra Kumar Son of Hiralal Chaudhary R/o Ahiyapur Badki, P.S and DistArwal Bihar 804401 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India through Narcotics Control Bureau (NCB) Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikash Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 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 8(c ), 21(B)/22(b) of the NDPS Act. As per prosecution case, it is a case of recovery of total 1.30gm of the smack like substance and cash of Rs.1080/- from the pocket of the 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. The alleged recovery of 1.30gm smack like substance does not come within the purview of commercial quantity. It is also submitted that petitioner is languishing in

Patna High Court CR. MISC. No.13173 of 2023(4) dt.11-07-2023 2/2 judicial custody since 07.12.2022. 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 Arwal P.S. Case No.593 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 Special Court (NDPS), Jehanabad. (Sunil Kumar Panwar, J) lata/- U T