Patna High CourtCR. MISC./28844/2023allowed

Gulshan Kumar Yadav @ Gulshan Rai v. The State Of Bihar

2023-10-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28844 of 2023 Arising Out of PS. Case No.-296 Year-2022 Thana- SONBERSA District- Sitamarhi ====================================================== GULSHAN KUMAR YADAV @ GULSHAN RAI SON OF LALBABU RAI R/O VILLAGE- JAMUNIA MUSHAHARNIYA, P.S.- SONBARSA, DISTRICT- SITAMARHI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8/20 (b)(ii)(c), 22 of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 10 Kg Charas like substance from the bag of the other coaccused person.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot and he has no concern with the seized narcotic like substance. It is evident from the F.I.R. that the as alleged Charas like

Patna High Court CR. MISC. No.28844 of 2023(4) dt.16-10-2023 2/2 substance recovered from the possession of the co-accused not from this petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 25.10.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Sitamarhi in connection with Sonbersa P.S. Case No. 296 of 2022.

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