Mithilesh Kumar@Mithilesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55703 of 2024 Arising Out of PS. Case No.-288 Year-2023 Thana- BIRPUR District- Supaul ====================================================== Mithilesh Kumar@Mithilesh Yadav S/o Manoj Yadav R/o vill - Lalpur ward no. 12, Bhimnagar, P.s. - Birpur, Distt. - Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar For the Opposite Party/s :
Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2024 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 08/20(b)(ii) (c) of the N.D.P.S. Act.
3. Prosecution case relates to recovery of total 50 kg of ganja like incriminating substance from possession of apprehended co-accused Mukesh Kumar who disclosed the name of the petitioner as his associate.
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 petitioner has no concern with the alleged recovery of ganja like substance or with co-accused persons. Neither he was arrested on spot nor
Patna High Court CR. MISC. No.55703 of 2024(2) dt.02-08-2024 2/2 any incriminating article has been recovered from his conscious possession. Similarly situated co-accused Umesh Kumar has already been enlarged on bail by this Court vide order dated 26.7.2024 passed in Cr. Misc. No. 53169 of 2024. It is further submitted that the petitioner is languishing in judicial custody since 28.2.2024.
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 period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Birpur (Bhimnagar OP) P.S. Case No. 288 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 Additional District and Sessions Judge-II, Supaul.
(Sunil Kumar Panwar, J) amandeep/- U T