Patna High CourtCR. MISC./42723/2023allowed

Raj Kamal Mehta v. The State Of Bihar

2023-09-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42723 of 2023 Arising Out of PS. Case No.-13 Year-2023 Thana- KORHA District- Katihar ====================================================== RAJ KAMAL MEHTA Son of Kamlesh Kumar Mehta Resident of village - Basgarha, P.S.- Korha, Distt.- Katihar, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 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 20 and 22 of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 286 gram Smack like substance from one black coloured Creta Car bearing Registration no. BR-11AV-9127.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern with the seized Smack and has not recovered from the conscious possession of the petitioner. The provision of Section 50 of the N.D.P.S. Act

Patna High Court CR. MISC. No.42723 of 2023(4) dt.20-09-2023 2/2 has not been followed in this case. He further submitted that the other co-accused namely, Pankaj Kumar has already been granted bail by a Co-ordinate Bench vide order dated 20.07.2023 passed in Cr. Misc. No. 34033 of 2023. He is languishing in judicial custody since 05.12.2021.

5. The application for bail is opposed by learned APP for the State and submitted that seized smack like substance come within the purview of commercial quantity as per N.D.P.S. Act.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. 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 Court below in connection with Korha P.S. Case No. 13 of 2023.

(Sunil Kumar Panwar, J) arish/- U