Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19433 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== Kamlesh Kumar Son Of Kabal Singh @ Sri Kawal Singh Resident Of Village - Godania, P.S. -SHIVSAGAR, Distt. - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jainendra Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 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 20(ii)/22(c) of the N.D.P.S. Act. The prosecution case relates to recovery of 1.738 kg Ganja and one mobile phone from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to village politics. The alleged recovery of ganja does not come within the purview of commercial quantity and the recovered mobile phone belongs to the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.19433 of 2023(3) dt.26-07-2023 2/2 The petitioner is languishing in judicial custody since 11.01.2023.

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 Sasaram (Town) P.S. Case No. 16 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Rohtas at Sasaram. (Sunil Kumar Panwar, J) lata/- U T