Abu Nasar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51935 of 2023 Arising Out of PS. Case No.-501 Year-2022 Thana- JOKIHAT District- Araria ====================================================== Abu Nasar Son Of Abdul Khalid R/O-Khutti Kharaiya, P.S.-JOKIHAT, Distt.- ARARIA ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Kumar Ravish For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== 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 8/20(B)/22/25/29 of the N.D.P.S. Act.

As per prosecution case, the co-accused persons were apprehended on the spot along with a vehicle and on search total 15.260 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 merely on the basis of confessional statement of co-accused. Neither the petitioner was apprehended on the spot nor vehicle in

Patna High Court CR. MISC. No.51935 of 2023(2) dt.25-08-2023 2/3 question belongs to him rather recovered ganja from the possession of co-accused was lesser than commercial quantity as per N.D.P.S. Act. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that nothing incriminating article has been recovered form the conscious possession of the petitioner.n Moreover, he is languishing in judicial custody since 10.06.2023.

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 Jokihat P.S. Case No. 501 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, N.D.P.S. Act, Araria.

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

Patna High Court CR. MISC. No.51935 of 2023(2) dt.25-08-2023 3/3