Amir Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48129 of 2024 Arising Out of PS. Case No.-573 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== Amir Roy S/O Inder Kumar Rai R/O-Parakashpur,ward no.10,P.S.- Sunsari,Distt-Sunsari(Nepal) At present, residing at village-Bela (Basmatia), ward no 02, PS- Narpatganj,Distt-Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabindra Kumar Priyadarshi with Mr. Dheeraj Kr. and Mr. Sumit Kr. Bhagat, Advocates For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 21(c), 22 and 23 of the N.D.P.S. Act.
3. As per prosecution case, there has been recovery of 500 capsules of Tramadol from the possession of the petitioner.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the F.I.R. itself shows that each capsule contains Tramadol Hcl of 50 mg and as such the recovered quantity is less than commercial quantity. He
Patna High Court CR. MISC. No.48129 of 2024(2) dt.18-07-2024 2/2 further submitted that it is apparent from the F.I.R. that the petitioner was carrying those capsules for self medication and not for commercial use. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 30.09.2023.
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 as well as petitioner is a person of clean antecedent 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 Judgecum-Special Judge, NDPS, Araria in connection with Narpatganj P.S. Case No. 573 of 2023, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court. (Nawneet Kumar Pandey, J) Arish/- U T