Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16013 of 2023 Arising Out of PS. Case No.-154 Year-2020 Thana- AMAS District- Gaya ====================================================== MANISH KUMAR S/o Manoj Prasad Sao @ Manoj Kumar R/o villagePasewa Imamganj, P.S.- Imamganj, Distt- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Manoj For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2023 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 15(C) of the N.D.P.S. Act.

As per prosecution case, on secret information received, police party started checking the vehicle and on search there has been recovery of 191 Kg Doda from a Pick-up Van. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is neither named in the FIR nor has apprehended on spot. The name of the petitioner has come into light, on the basis of confessional statement of co-accused namely Ajit Kumar, which has got no evidentiary value in the

Patna High Court CR. MISC. No.16013 of 2023(3) dt.28-06-2023 2/2 eyes of law. He submitted that the petitioner has no concern either with the seized Doda or with the vehicle in question. No incriminating article has recovered from the conscious possession of the petitioner. The alleged article of Doda is still under process of report as it is to whether, it is psychotropic substance or not. He is languishing in judicial custody since 23.05.2022.

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 1st Additional Session Judge, Gaya in connection with Amas P.S. Case No. 154 of 2020.

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