Shrawan Malakar @ Sharban Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50658 of 2023 Arising Out of PS. Case No.-82 Year-2023 Thana- BIRPUR District- Supaul ====================================================== SHRAWAN MALAKAR @ SHARBAN MALAKAR Son of Late Ramanand Malakar Resident of Bela, Ward No.- 07, P.S.- Basmatiya, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under Sections 8 and 21(b) of the NDPS Act.

As per allegation in the FIR, on secret information the petitioner was apprehended and on search, Lupigesic injection 84 piece and Avil injection 104 piece has been recovered from his possession.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this Case. It is submitted in para 2 and 3 of the supplementary affidavit that Lupigesic (Buprenorphine) is prohibited under NDPS Act but

Patna High Court CR. MISC. No.50658 of 2023(7) dt.24-01-2024 2/2 the recovered Lupigesic comes under the small quantity and so far as the recovery of Avil is concerned, the same is not prohibited material under NDPS Act. Petitioner has got no criminal antecedent and languishing in judicial custody since 10.03.2023.

Learned APP appearing for the State has opposed the prayer of 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 after framing of charge, if not framed. 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 Sessions Judge-cumSpecial Judge, NDPS, Supaul in connection with Birpur P.S. Case No. 82 of 2023.

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