Suraj Sadan @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50637 of 2023 Arising Out of PS. Case No.-618 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== SURAJ SADAN @ SURAJ KUMAR SON OF UPENDRA DAS RESIDENT OF VILLAGE- PURUSHOTTAM NAGAR, NEWALAL CHOWK, PS- K. HAT, (MARANGA), DISTT- PURNIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 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(C), 21(b) of NDPS Act.

As per allegation in the FIR, on getting secret information police party proceeded towards place of occurrence, and apprehended the petitioner and from his possession one mobile and 10 gram smack like substance was recovered. 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. There is complete violation of provision of Section 50 of the NDPS Act.

Patna High Court CR. MISC. No.50637 of 2023(3) dt.03-10-2023 2/2 There is no FSL report to confirm that the seized article is contraband material. The recovered article comes below the commercial quantity. Petitioner has got no criminal antecedent and languishing in judicial custody since 19.5.2023. 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. The above named petitioner is directed to be enlarged on bail after framing of charge 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 Court of Special Judge NDPS Act, Purnea in connection with K. Hat (Maranga) PS Case No. 36 of 2023.

(Sunil Kumar Panwar, J) sushma2203/- U