Kameshwar Prasad Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44708 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- RATANPUR District- Supaul ====================================================== Kameshwar Prasad Kamat Son Of Sumarit Kamat R/O VillageParmanandpur, P.S.- Pratapganj, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 8, 20b(II)B, 21 of N.D.P.S. Act.

It is a case of recovery of 4.8 kg of Ganza like narcotics substance from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further

Patna High Court CR. MISC. No.44708 of 2022(3) dt.01-02-2023 2/3 submitted that petitioner has no concern with the alleged recovery and nothing has been recovered from the conscious possession of the petitioner. The alleged recovered contraband substance "Ganza" is lesser than the commercial quantity. It is also submitted that alleged seizure has not been made according to the provisions made or prescribed under the Act in this regard. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 23.03.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Ratanpura P.S. Case No. 18 of 2022 on furnishing

Patna High Court CR. MISC. No.44708 of 2022(3) dt.01-02-2023 3/3 bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge- N.D.P.S., Supaul. (Sunil Kumar Panwar, J) nirajkrs/- U T