Aman Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41337 of 2023 Arising Out of PS. Case No.-476 Year-2022 Thana- CHHATAUNI District- East Champaran ====================================================== Aman Kumar Singh S/O Late Jainarayan Singh R/O Village- Kuwarpur Ward No.1,Ps. Pipra, Dist. East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 414 of the IPC and Section 8(c), 21(c) of the NDPS Act. As per prosecution case, the petitioner was apprehended on the spot and from his possession 202 grams brown sugar like substance was recovered.

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 petitioner has no concern with the alleged recovery and seizure list has not been prepared as per provision of NDPS Act. It is further

Patna High Court CR. MISC. No.41337 of 2023(2) dt.14-07-2023 2/2 submitted that the recovered 202 grams brown sugar like substance does not come within the purview of commercial quantity. Moreover, petitioner is languishing in judicial custody since 11.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 Chhatauni P.S. Case No. 476 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 5th Additional Sessions Judge, East Champaran at Motihari.

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