Kunal Kumar @ Kunal Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23400 of 2023 Arising Out of PS. Case No.-1199 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== KUNAL KUMAR @ KUNAL KUMAR PASWAN S/O Late Kishun Paswan R/O Naya Tola, Line Bazar, P.S- KHAT (Sahayak), District- Purnea, Pin Code- 854301 ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Union of India through Ministry of Home Affairs Internal Security, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hare Ram Sah For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 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.

As per prosecution case, there has been recovery of 7 gram smack like substance from the possession 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 seized smack like substance does not come within the purview

Patna High Court CR. MISC. No.23400 of 2023(2) dt.22-05-2023 2/2 of commercial quantity as per N.D.P.S. Act. He is languishing in judicial custody since 11.11.2022.

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, Purnia in connection with Khajanchi Hat P.S. Case No. 1199 of 2022.

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