Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41643 of 2023 Arising Out of PS. Case No.-101 Year-2023 Thana- BUDDHACOLONY District- Patna ====================================================== RAMESH KUMAR SON OF JITENDAR DHANGAR RESIDENT OF CHINAKOTHI, NEAR SAUCHALAY, PS- BUDDHA COLONY, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anurag Anand For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 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), 21(b) of the N.D.P.S. Act.

3. As per prosecution case, the petitioner is said to have been apprehended from whose possession, 25 gram brown sugar like substance was recovered.

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 petitioner has no concern with the alleged recovery of brown sugar like narcotic substance and the same is alleged to be 25 gm which does not

Patna High Court CR. MISC. No.41643 of 2023(5) dt.28-11-2023 2/2 come under purview of commercial quantity as per N.D.P.S. Act. It is further submitted the provision of N.D.PS. Act has not been followed by the prosecution. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 13.2.2023.

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 not framed in connection with Buddha Colony P.S. Case No. 101 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 A.D.J. 18th, Patna.

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