Samresh Kumar @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51618 of 2023 Arising Out of PS. Case No.-87 Year-2023 Thana- INDUSTRIAL District- Bhagalpur ====================================================== SAMRESH KUMAR @ SONU S/O SIKANDAR SAH R/O Mahfuz Hussain Lane, Rekabganj, P.S- Jagdishpur, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pallavi Pandey For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 20(b) (ii) (c) and 22 of the N.D.P.S. Act.

As per prosecution case, the petitioner and coaccused persons were apprehended on the spot and from their possession total four kg ganja was recovered. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. The petitioner has no concern with the alleged recovery of ganja and the same is lesser than commercial quantity as per N.D.P.S. Act.

Patna High Court CR. MISC. No.51618 of 2023(2) dt.25-08-2023 2/2 Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 18.08.2023 passed in Cr. Misc. No. 49951 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 09.05.2023 Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering 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 released on bail in connection with Industrial Area P.S. Case No. 87 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, Bhagalpur.

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