Patna High CourtCR. MISC./18725/2023bail granted

Bittu Kumar v. The State Of Bihar

2023-05-17Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18725 of 2023 Arising Out of PS. Case No.-668 Year-2022 Thana- DIGHA District- Patna ====================================================== Bittu Kumar, Male, aged near about 20 years, S/O Rajendra Rai R/v- Naga Tola, Goraiya asthan, P.S.- Maner in the District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Shankar Prasad Yadav, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Spl. Case No.194 of 2022 N.D.P.S. arising out of Digha P.S. Case No. 688 of 2022 dated 09.10.2022, instituted for the offences punishable under Sections 21/8 (c) of the N.D.P.S. Act.

3. Allegation against the petitioner is that 2.93 gm. brown sugar was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the recovery of brown sugar is much less than smaller quantity and the provision with regard to seizure and arrest under the N.D.P.S. Act has not been followed.

Patna High Court CR. MISC. No.18725 of 2023(2) dt.17-05-2023 2/2 Lastly, it has been submitted that the petitioner is in custody since 10.10.2022 having no criminal antecedent and chargesheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge XI-cum Spl. Judge (NDPS) Act, Patna Sadar, in connection with Spl. Case No.194 of 2022 N.D.P.S. arising out of Digha P.S. Case No. 668 of 2022.

(Khatim Reza, J) annpurna/- U T