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Patna High Court/44312/2023allowed

Munna Tiwari v. The State Of Bihar

2023-07-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44312 of 2023 Arising Out of PS. Case No.-315 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== MUNNA TIWARI Son of Late Mukhtinath Tiwari @ Mukinath Tiwari Resident of village - Tiwari Matihiniya, Khem Matihanian, P.S. - Bishambarpur, Distt. - Gopalganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sourav Suman For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 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 21(a), 21(c) of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 8.42 gram smack like substance from the right pant-pocket 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. Petitioner has no concern with the seized smack like substance. He submitted that seized smack like substance does not come within the purview of commercial

Patna High Court CR. MISC. No.44312 of 2023(2) dt.21-07-2023 2/2 quantity as per N.D.P.S. Act. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 26.04.2023.

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 period of custody, 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 Court concerned in connection with Gopalganj Town P.S. Case No. 315 of 2023.

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