Patna High CourtCR. MISC./21394/2023bail granted

Sonu Kumar v. The State Of Bihar

2023-05-22Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21394 of 2023 Arising Out of PS. Case No.-894 Year-2022 Thana- NAGAR District- Vaishali ====================================================== Sonu Kumar S/O Shivji Paswan R/O Village- Andar Kila, Ward No. 10, P.SHajipur Town, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rina Sinha, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with NDPS (Gr) Case No. 04 of 2023 arising out of Hajipur Town P.S. Case No. 894 of 2022 dated 29.11.2022, instituted for the offence punishable under Sections 8(c)/21(b)/22(b) of the N.D.P.S. Act

3. Allegation against the petitioner is that total 8.930 gram smack like substances has been recovered from his possession.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that on mere suspicion, the petitioner was arrested from his house and has been dragged in this false case while nothing has been recovered from

Patna High Court CR. MISC. No.21394 of 2023(2) dt.22-05-2023 2/2 the possession of the petitioner. Learned counsel for the petitioner submits that recovery of smack like substances is little more than the small quantity and less than the commercial quantity. Lastly, it has been submitted that the petitioner is in custody since 30.11.2022 having no criminal antecedents. Charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Vaishali at Hajipur, in NDPS (Gr) Case No. 04 of 2023 arising out of Hajipur Town P.S. Case No. 894 of 2022.

(Khatim Reza, J) premchand/- U