Patna High CourtCR. MISC./29339/2023allowed

Ganesh Kumar Gupta @ Ganesh Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29339 of 2023 Arising Out of PS. Case No.-387 Year-2022 Thana- BEUR District- Patna ====================================================== Ganesh Kumar Gupta @ Ganesh Kumar S/O- Late Kedar Prasad Gupta Residence Of Village Atwarpur Ps Parsa Bazar District Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satrudhan Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== 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(c)/21 (b) of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 15 gram Smack 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 quantity as per N.D.P.S. Act. Further, it is submitted that the charge has already been framed against the petitioner. He is

Patna High Court CR. MISC. No.29339 of 2023(5) dt.16-10-2023 2/2 languishing in judicial custody since 09.08.2022.

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. 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 A.D.J.-XVII, Patna in connection with Beur P.S. Case No. 387 of 2022.

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