Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18925 of 2023 Arising Out of PS. Case No.-224 Year-2022 Thana- BARHIYA District- Lakhisarai ====================================================== Shubham Kumar Son Of Shyam Kumar Singh Resident Of Village - Jaitpur, P.S.- Barahiya, District - Lakhisarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 8/20(b)(ii)(B) of N.D.P.S. Act.

As per the allegation in F.I.R, 7.5 Kgs of Ganza has been recovered from Shubham Line Hotel. Petitioner is alleged to be owner of the said hotel.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.18925 of 2023(2) dt.18-05-2023 2/3 falsely been implicated in the present case. The petitioner has no concern with the alleged recovered contraband. The alleged recovered Ganza like narcotics substance is lesser than commercial quantity as per N.D.P.S. Act. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 20.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Barahiya P.S. Case No. 224 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.18925 of 2023(2) dt.18-05-2023 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge III, Lakhisarai.

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