Rocky Kumar @ Rocky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 14071 of 2023 Arising Out of PS. Case No.-201 Year-2022 Thana- BRAHMPURA District- Muzaffarpur ====================================================== ROCKY KUMAR @ ROCKY S/O SRI ANIL RAI @ ANIL KUMAR YADAV Resident of Village- Krishna Toli Braham Asthan, P.S.- Brahampura, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== 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) of the N.D.P.S. Act and Section 37 of the Bihar Prohibition and Excise Act.

As per prosecution case, there has been recovery of 5.06 gm smack like substance kept in 11 sachets, from the trouser 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 smack like substance. He submitted that

Patna High Court CR. MISC. No. 14071 of 2023(2) dt.05-05-2023 2/2 seized smack like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. He is languishing in judicial custody since 11.10.2022.

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 Special Judge, NDPS Act-cum- Additional Sessions Judge-III, Muzaffarpur in connection with Brahmpura P.S. Case No. 201 of 2022.

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