Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53751 of 2023 Arising Out of PS. Case No.-336 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Ankit Kumar Son Of Chotelal Prasad @ Chhotelal Prasad Resident Of Sareya Ward No.4 P.S.Gopalganj, Dist- Gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 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 8/20(b)(ii) of the NDPS Act and Sections 25(1-b)a of the Arms Act.

3. Prosecution case relates to recovery of 200 grams of ganja like intoxicating substance along with one mobile phone, 23 pieces fired cartridges and one live cartridge from the possession of the petitioner.

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 recovered ganja like intoxicating substance does not come within the purview of

Patna High Court CR. MISC. No.53751 of 2023(3) dt.29-11-2023 2/2 commercial quantity as per NDPS Act. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by another co-ordinate Bench of this Court vide order dated 04.09.2023 in Cr. Misc. No. 54259 of 2023. Moreover, the petitioner is languishing in judicial custody since 02.05.2023.

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 of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gopalganj (Town) P.S. Case No. 336 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 Sessions Judge, Gopalganj. (Sunil Kumar Panwar, J) Shubham/- U T