Patna High Court/46421/2023bail granted

Kamlesh Kumar Mishra v. The State Of Bihar

2023-08-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46421 of 2023 Arising Out of PS. Case No.-315 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== KAMLESH KUMAR MISHRA Son of Late Raghav Pati Mishra @ Raghopati Mishra R/o Tiwari Matihiniya, P.S.- Bishambarpur, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate Mr. Vivek Verma, Advocate For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2023 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 Gopalgnaj (Town) P.S. Case No. 315 of 2023 dated 24.04.2023 registered for the offences punishable u/ss 21(a) and 21(c) of the N.D.P.S. Act.

4. As per the prosecution case, 14 purias smack like substance weighing 9.40 gms were recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.46421 of 2023(2) dt.02-08-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the seized contraband is less than the commercial quantity and the petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.04.2023.

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, Gopalganj in connection with Gopalganj (Town) P.S. Case No. 315 of 2023.

8. The application stands allowed.

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