Patna High CourtCR. MISC./28573/2023allowed

Kumar Aman @ Aman @ Sonu @ Sanu v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28573 of 2023 Arising Out of PS. Case No.-649 Year-2022 Thana- KOTWALI District- Patna ====================================================== KUMAR AMAN @ AMAN @ SONU @ SANU SON OF ARUN KUMAR SANT @ ARUN KUMAR RESIDENT OF VILLAGE- KANPA, PS- RANI TALAB, AT PRESENT GARDANIBAGH ROAD NO. 1 BEHIND GUPTA COMPLEX , PS- GARDANIBAGH DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== 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)(A) of the N.D.P.S. Act and Sections 401 and 414 of the IPC.

3. As per prosecution case, there has been recovery of 4.24 gm Smack and one mobile phone from the possession of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized smack. He submitted that seized smack like substance does not come within the purview of commercial

Patna High Court CR. MISC. No.28573 of 2023(5) dt.16-10-2023 2/2 quantity as per N.D.P.S. Act. On the basis of suspicion and due to his criminal antecedents, the petitioner has been implicated in the present case. He is languishing in judicial custody since 11.10.2022.

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 Additional District and Sessions Judge 4th, Patna in connection with Kotwali P.S. Case No. 649 of 2022.

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