Patna High CourtCR. MISC./43550/2023bail granted

Amrit Kumar v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43550 of 2023 Arising Out of PS. Case No.-268 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Amrit Kumar S/O Umesh Kumar Das @ Umesh Das R/O Village- Naya Tola Mela Road, Bhabdepur, Sitamarhi Bazar, Ps. Sitamarhi, Dist. Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brahmputra Singh Ishu, Adv.

Mrs. Poonam Kumari, Adv.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with NDPS Case No. 54 of 2023 arising out of Ahiyapur P.S. Case No. 268 of 2023 dated 04.03.2023 registered for the offences u/ss 8, 20(b)(ii) (B) of the NDPS Act.

4. As per the prosecution case, total 3.860 kgs of Ganja was recovered from the bag of the petitioner.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.43550 of 2023(2) dt.27-07-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. The seized contraband is not of commercial quantity. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.03.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with NDPS Case No. 54 of 2023 arising out of Ahiyapur P.S. Case No. 268 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T