Saurabh Kumar @ Saurabh Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24759 of 2023 Arising Out of PS. Case No.-137 Year-2022 Thana- TATARPUR District- Bhagalpur ====================================================== SAURABH KUMAR @ SAURABH ROY Son of Shyam Narayan Mandal R/V- Salpur, PS- Goradih, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 20, 22 of the NDPS Act.

Prosecution case relates to recovery of 2.50 gram brown sugar like substance from possession of co-accused Md. Iftekhar and at his instance, petitioner was apprehended and 5.35 gram grown sugar like substance has been recovered from his jeans pocket.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. The alleged recovery comes below the commercial quantity. Provision of

Patna High Court CR. MISC. No.24759 of 2023(2) dt.22-05-2023 2/2 Section 50 NDPS has not been followed by the police officials while preparing the seizure list. He is languishing in judicial custody since 1.7.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. 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 Additional Sessions Judge-I, Bhagalpur in connection with Tatarpur P.S. Case No. 137 of 2022.

(Sunil Kumar Panwar, J) sushma/- U