Kartikesh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38127 of 2023 Arising Out of PS. Case No.-146 Year-2023 Thana- SURSAND District- Sitamarhi ====================================================== Kartikesh Jha Son Of Late Chandra Mohan Jha R/V Shree Khandi Bitha, Ps. Sursand, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 21 (c ), 22( C ) of the NDPS Act and Section 25 (1-b)a, 26 of the Arms Act. As per allegation in the FIR, one pistol with one live cartridge of 7.62 mm along with other medicines, injections and cough syrup were recovered from the shop of the petitioner. It is further stated that in the seized medicine, narcotic substances were found.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this Case. In the seized medicines, quantity of narcotic substance is 13.39 gram

Patna High Court CR. MISC. No.38127 of 2023(2) dt.31-08-2023 2/2 which is lesser than the small quantity, and in this respect, detailed document is annexed with the supplementary affidivit. Petitioner has got no criminal antecedent and languishing in judicial custody since 20.03.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

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 after framing of charge. The above named petitioner is directed to be enlarged on bail after framing of charge 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 Special Judge, Sitamarhi in connection with Sursand P.S. Case No. 146 of 2023. (Sunil Kumar Panwar, J) sushma/- U