Mausam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16530 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- BUXAR District- Buxar ====================================================== MAUSAM SINGH Son of Late Jhuna Singh Resident of - Shanti Nagar, P.S.- Buxar (Town), District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Zeyaul Hoda For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 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 21, 22, 27 of the N.D.P.S. Act.

As per FIR, prosecution case relates to recovery of 10.15 gram 'Heroine' like intoxicating substance along with cash of Rs. 5,500/- from possession of the petitioner and he is said to be apprehended on spot.

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 recover of 'Heroine' like substance and the same is alleged to be 10.15 gram which does not come under

Patna High Court CR. MISC. No.16530 of 2023(2) dt.29-04-2023 2/2 purview of commercial quantity. It is further submitted that the provision of N.D.P.S. Act has no been followed. It is further submitted that the petitioner is languishing in judicial custody since 21.1.2023.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner has got one criminal antecedent of similar nature.

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 Buxar Town P.S. Case No. 30 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 District Judge-cum-Special Court, N.D.P.S. Act, Buxar.

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