Patna High CourtCR. MISC./17262/2024allowed

Laxman Sah @ Laxmeshwari Sah v. The State Of Bihar

2024-03-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17262 of 2024 Arising Out of PS. Case No.-324 Year-2023 Thana- BIRPUR District- Supaul ====================================================== Laxman Sah @ Laxmeshwari Sah S/o Late Kameshwar Sah R/o vill - Kanchanpur, P.s. - Kanchanpur, Distt. - Saptri (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 22(b) of the N.D.P.S. Act.

3. The petitioner is said to have been apprehended with a motorcycle bearing Registration No. NA10P-3744 from where 90 pieces of Nitrosun tables was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery of Nitrosun tables. He was arrested on the basis of suspicion only. It is further submitted the provision of N.D.PS. Act has not been followed by the

Patna High Court CR. MISC. No.17262 of 2024(2) dt.14-03-2024 2/2 prosecution. He has got no criminal antecedent as stated in para3 of the bail petition and he is languishing in judicial custody since 10.10.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with NDPS Case No. 54 of 2023 arising out of Birpur (Bhimnagar OP) P.S. Case No. 324 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Supaul.

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