Abhinav Kumar @ Abhinay @ Ankit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23083 of 2023 Arising Out of PS. Case No.-652 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== Abhinav Kumar @ Abhinay @ Ankit Son Of Mahamaya Prasad @ Mahamaya Singh R/V- Chechaul, P.S.- Naubatpur, District- Patna ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 356, 379, 511/34 of the Indian Penal Code and Sections 8/ (a)/21(b)(c) of the N.D.P.S. Act.
The prosecution story is that the informant got secret information about illegal trading of smack, thereafter, he reached at the place of occurrence and apprehended the petitioner along with co-accused. On search, total 10.5 gram smack and from possession of this petitioner 4.5 gram smack like substance and other articles were recovered. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.23083 of 2023(3) dt.09-08-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. The petitioner has no concern with the alleged recovery of smack like substance and the same is lesser than commercial quantity as per N.D.P.S. Act. It is further submitted that the petitioner is languishing in judicial custody since 27.09.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
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 released on bail in connection with Naubatpur P.S. Case No. 652 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XXV-cum-Special Judge, NDPS, Patna.
(Sunil Kumar Panwar, J) Manishkumar/- U T
Patna High Court CR. MISC. No.23083 of 2023(3) dt.09-08-2023 3/3