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Patna High CourtCR. MISC./31443/2025allowed

Susan Magar @ Susan v. The State Of Bihar

2025-05-15Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31443 of 2025 Arising Out of PS. Case No.-122 Year-2024 Thana- DIGHALBANK District- Kishanganj ====================================================== Susan Magar @ Susan Son of Tejbahadur Magar Resident of Kuwari Jhapa - 02, P.S.- Jhapa Bazar, District - Jhapa (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amal Kumar Sinha, Advocate For the Opposite Party/s :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-05-2025 Heard Mr. Amal Kumar Sinha, learned counsel for the petitioner and Mr. B.N. Pandey, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(c) and 21(b) of the NDPS Act.

3. The case of the prosecution is that altogether 50.37 of brown sugar was recovered from the possession of this petitioner.

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. Though the contraband which has been recovered from the possession of this petitioner is more than small quantity but is much less than commercial quantity. A statement has been made in para-3 of this petition

Patna High Court CR. MISC. No.31443 of 2025(2) dt.15-05-2025 2/2 that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 08.10.2024.

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

6. 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 released on bail in connection with Dighalbank P.S. Case No. 122 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cumSpecial Judge (NDPS Act), Kishanganj with a condition that one of the bailors should be local person.

(Ashok Kumar Pandey, J) Shubham/- U T