Patna High CourtCR. MISC./35435/2023allowed

Mantu Chouhan v. The State Of Bihar

2023-10-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35435 of 2023 Arising Out of PS. Case No.-106 Year-2023 Thana- ITARHI District- Buxar ====================================================== Mantu Chouhan S/O- Harihar Chouhan Village- Bhelupur Ps- Itarhi DistBuxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(c), 20(b)iia/ 21(b) and 22(b) of the N.D.P.S. Act.

3. Prosecution case relates to recovery of 2.533 kg of ganja like intoxicating substance and 31 grams of heroin like substance along with some equipment from the alleged house of the 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. The recovered incriminating article does not come within the purview of commercial quantity as per NDPS Act. No any incriminating article has been

Patna High Court CR. MISC. No.35435 of 2023(4) dt.03-10-2023 2/2 recovered from his conscious possession. Moreover, he is languishing in judicial custody since 25.04.20223.

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 after framing of charge if the charge is not framed, in connection with Itarhi P.S. Case No. 106 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District Judge cum Special Court NDPS Act, Buxar. (Sunil Kumar Panwar, J) shubham/- U T