Badal Kumar @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49758 of 2022 Arising Out of PS. Case No.-61 Year-2022 Thana- JALALGARH District- Purnia ====================================================== Badal Kumar @ Guddu S/O Late Dinesh Rai R/O Ramnagar, P.S.- Maranga, Dist- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kanchan Kumari For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-02-2023 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(c), 21(c), 25, 29 of the N.D.P.S. Act.

It is a case of recovery of 200 grams of Smack 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. The recovered contraband smack is lesser than commercial

Patna High Court CR. MISC. No.49758 of 2022(3) dt.04-02-2023 2/3 quantity as per N.D.P.S. Act. Petitioner is languishing in judicial custody since 29.03.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, similarly situated coaccused person, namely, Raushan Kumar @ Roshan Kumar has been granted Bail vide order dated 09.12.2022 passed in Cr. Misc. No. 50287 of 2022 by the co-ordinate Bench of this Court.

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 Jalalgarg P.S. Case No. 61 of 2022 with special case No. 20 of 2022(N.D.P.S. Act) on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.49758 of 2022(3) dt.04-02-2023 3/3 the learned Special Court, Additional District Judge 4th, Purnea.

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