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Patna High CourtCR. MISC./45693/2023allowed

Faguni Singh @ Kutum v. The State Of Bihar

2023-08-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45693 of 2023 Arising Out of PS. Case No.-128 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== Faguni Singh @ Kutum S/O Late Baldeo Singh R/O Village- Kerai Majkothi, Ward No. 11, Ps. Bibhutipur, Dist. Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 8, 20, (a)(1) of the N.D.P.S. Act.

There is recovery of 500 grams of Ganja from the motorcycle of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized contraband.

Patna High Court CR. MISC. No.45693 of 2023(2) dt.04-08-2023 2/2 Moreover, the seized contraband does not come within the purview of commercial quantity. The petitioner is languishing in custody since 24.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur in connection with Samastipur Town P.S. Case No. 128 of 2023.

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