← Library
Patna High CourtCR. MISC./19505/2023allowed

Paras Nath Singh v. The State Of Bihar

2023-05-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19505 of 2023 Arising Out of PS. Case No.-88 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Paras Nath Singh Son Of Late Devdat Singh R/O Village- Sikathi, P.S.- Bhabua, District- Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Sunil For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 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 8(c), 21(B), 22, 27(A) of the N.D.P.S. Act.

As per FIR, prosecution case relates to recovery of 9.12 gram Heroine /contraband substance from possession of the petitioner and the petitioner is said to be indulged in dealing with the contraband substance.

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 Heroine like narcotic substance and the same is alleged to be 9.12 which does no

Patna High Court CR. MISC. No.19505 of 2023(2) dt.19-05-2023 2/2 come under purview of commercial quantity as per N.D.P.S. Act. It is further submitted the provision of N.D.PS. Act has not been followed by the prosecution. He has got no criminal antecedent. It is further submitted that the petitioner is old aged about, 70 years and languishing in judicial custody since 31.1.2023.

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 as well as the petitioner is aged about 70 years, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhabhua P.S. Case No. 88 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 cum-Special Judge, Kaimur (Bhabua).

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