Meyang Subha @ Meyong Subha @ Meyong Subba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23635 of 2024 Arising Out of PS. Case No.-237 Year-2023 Thana- THAKURGANJ District- Kishanganj ====================================================== Meyang Subha @ Meyong Subha @ Meyong Subba Son Of Suren Subba Resident Of Village- Jorethang Ps- Jorethang Dist- Namchi, Sikkim ... ... 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.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 21(b) and 29 of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 32.40 grams of brown sugar from the pocket of co-accused. From the possession of this petitioner, one motorcycle along with a mobile phone was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The recovery of brown sugar has not been made from the possession of this petitioner rather the recovery has been made from co-accused Sahil Alam

Patna High Court CR. MISC. No.23635 of 2024(2) dt.20-03-2024 2/2 who has already been granted bail by this Court vide Annexure2 of this petition. The recovered brown sugar does not come within the purview of commercial quantity as per NDPS Act. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 15.11.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as 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 Thakurganj P.S. Case No. 237 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge-cum-Special Judge (NDPS Act), Kishanganj.

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