Patna High CourtCR. MISC./32093/2024allowed

Ayush Kumar @ Suraj Kumar @ Suraj v. The State Of Bihar

2024-05-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32093 of 2024 Arising Out of PS. Case No.-333 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Ayush Kumar @ Suraj Kumar @ Suraj SON OF Umesh Prasad Resident of village- Dronpur @ Draupur Belahiya, P.S.- Ahiyapur, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2024 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 8/20(b)(ii)(B) of the NDPS Act.

3. Prosecution case relates to recovery of 500 grams of Charas like narcotics substance from the possession of co-accused Prabhu Bhagat and Mayank Bhagat. The petitioner is alleged to have fled away from the place of seizure.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no

Patna High Court CR. MISC. No.32093 of 2024(2) dt.02-05-2024 2/3 offence. He has falsely been implicated in this case. The petitioner was not apprehended from the spot nor anything has been recovered from the conscious possession of the petitioner. The peititioner has no concern either with the seized contraband or the apprehended accused persons. The recovered Charas like substance from the possession of the accused does not come within the purview of commercial quantity as per NDPS Act. The petitioner is languishing in judicial custody since 18.01.2024.

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 Sitamarhi P.S. Case No. 333 of 2023 on furnishing bail bond of Rs.10,000/- (Ten Thousands) with two

Patna High Court CR. MISC. No.32093 of 2024(2) dt.02-05-2024 3/3 sureties of the like amount each to the satisfaction of learned Special Judge, Sitamarhi.

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