Patna High CourtCR. MISC./46773/2023allowed

Vishal Kumar v. The State Of Bihar

2023-11-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46773 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Vishal Kumar Son Of Sri Mahendra Sah Resident Of Village - Hata Azad Nagar, P.S. - Chainpur, Distt. - Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Sunil For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(C), 21(b), 27(a) and 29 of the NDPS Act.

3. Prosecution case relates to recovery of 10 grams and 30 miligrams of heroin like intoxicating substance from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The recovered heroin like intoxicating substance does not come within the purview of commercial quantity as per NDPS Act. A statement has been made in para-3 of this petition that the petitioner has got no

Patna High Court CR. MISC. No.46773 of 2023(4) dt.29-11-2023 2/2 criminal antecedent. Moreover, he is languishing in judicial custody since 18.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge if the charge is not framed in connection with Chainpur P.S. Case No. 93 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge cum Special Judge, Kaimur (Bhabua). (Sunil Kumar Panwar, J) Shubham/- U T