Raghubir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14466 of 2023 Arising Out of PS. Case No.-857 Year-2022 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== RAGHUBIR KUMAR Son of Moti Chaudhary R/o village - Akhlaspur, Ward No.- 5, P.S.- Bhabhua, District - Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 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), 21(B) 27(A) of the N.D.P.S. Act.

As per prosecution case, there has been recovery of 1.290 gm Heroine like substance from 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 Heroine. He submitted that seized Heroine like substance does not come within the purview 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

Patna High Court CR. MISC. No.14466 of 2023(2) dt.05-05-2023 2/2 of the bail petition. He is languishing in judicial custody since 21.06.2022.

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 Sessions Judge-cum-Special, Kaimur at Bhabhua in connection with Bhabhua P.S. Case No. 857 of 2022.

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