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Patna High CourtCR. MISC./14538/2023allowed

Nathuni Ram v. The State Of Bihar

2023-05-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14538 of 2023 Arising Out of PS. Case No.-476 Year-2022 Thana- CHHATAUNI District- East Champaran ====================================================== NATHUNI RAM S/O LATE VASUDEV RAM R/v- Bhorha Ward No. 5, P.S.- Shyampur Bhataha, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== 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 Section 414 of the IPC and Sections 8(c) and 21(c) of the N.D.P.S. Act.

As per prosecution case, there has been recovery of 98 gm of brown Sugar like substance from the pocket 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 brown Sugar. He submitted that seized brown Sugar like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. He further

Patna High Court CR. MISC. No.14538 of 2023(2) dt.05-05-2023 2/2 submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 09.09.2022.

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 5th Additional Sessions Judge, East Champaran, Motihari in connection with Chhatauni P.S. Case No. 476 of 2022. (Sunil Kumar Panwar, J) arish/- U T