Bullet Kumar @ Suman Kumar @ Bulet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19955 of 2023 Arising Out of PS. Case No.-73 Year-2018 Thana- MAHESHKHUNT District- Khagaria ====================================================== Bullet Kumar @ Suman Kumar @ Bulet Kumar S/O Manoj Kumar Yadav R/O Village- Arariya, P.S- Maraiya(Parbatta), Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Ms.Nirmala Kumari ====================================================== 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 8/20(b) (ii) (c) 25, 29 of the N.D.P.S. Act.

As per FIR, the prosecution case relates to recovery of total 182 kg ganja like substance from a car bearing Reg. No. OD-OIL-8108. It is further alleged that the co-accused was apprehended on the spot and he confessed name of the petitioner in this alleged occurrence. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.19955 of 2023(2) dt.19-05-2023 2/3 confessional statement of co-accused before the police, which does not got evidentiary value in the eye of law. Neither the petitioner was apprehended on the spot nor vehicle in question belongs to him. It is further submitted that nothing incriminating article has been recovered from his physical possession rather ganja like substance was recovered from a vehicle which was parked in the courtyard of co-accused Pandav Yadav who has already been granted bail by a coordinate Bench of this Court vide order dated 14.01.2020 passed in Cr. Misc. No. 68295 of 2019. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 21.12.2022. 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 as well as period of 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 Maheshkhut P.S. Case No. 73 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the

Patna High Court CR. MISC. No.19955 of 2023(2) dt.19-05-2023 3/3 like amount each to the satisfaction of learned Additional Sessions Judge-V-cum-Spl. Judge, Khagaria.

(Sunil Kumar Panwar, J) Manish/lata/- U T