Tulsi Kumar Basak @ Tulsi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35854 of 2023 Arising Out of PS. Case No.-183 Year-2020 Thana- DAGARUA District- Purnia ====================================================== Tulsi Kumar Basak @ Tulsi Son Of Dilmohan Basak Resident Of VillageBaldoria, Ita Bhatta, Bidhanpalli, Dalkhola, Ps- Dalkola, District- Uttar Dinajpur (West Bengal) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Harsh Singh For the Opposite Party/s :
Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable u/s 8(c)/21(b) of the N.D.P.S. Act.
3. As per FIR, the co-accused person was apprehended on the spot and from his possession total 60 grams brown sugar substance was recovered and he also confessed name of the petitioner as his associate.
4. It is submitted by learned counsel for the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional
Patna High Court CR. MISC. No.35854 of 2023(4) dt.04-10-2023 2/2 statement of co-accused. The alleged recovery of narcotic substance has been recovered from co-accused person which is not admissible in the eye of law. It is further submitted that the petitioner is languishing in judicial custody since 13.03.2023.
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, 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 Sessions Judge-cum-Special Judge, NDPS Act, Purnea in connection with Dagarua P.S. Case No. 183 of 2020. (Sunil Kumar Panwar, J) Manishkumar/- U T