Patna High CourtCR. MISC./54716/2023allowed

Nutan Kumar Pal v. The State Of Bihar

2023-08-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54716 of 2023 Arising Out of PS. Case No.-26 Year-2023 Thana- ARA RAIL P.S. District- Bhojpur ====================================================== NUTAN KUMAR PAL S/O NIRMAL KUMAR PAL R/O VILLAGERANIKHAMBHA CHANDIPUT, PS. MOHNA, DIST. GANJAM (ODISHA-761017) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8, 20(b)(ii)(B), 29 of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of total 9 Kg Ganja was recovered from the other co-accused.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. He submitted that the petitioner has no concern with the seized Ganja. He submitted that the other co-accused, from whose possession the as alleged recovery has been made has already

Patna High Court CR. MISC. No.54716 of 2023(2) dt.29-08-2023 2/2 been granted bail by a Co-ordinate Bench vide order dated 17.08.2022 passed in Cr. Misc. No. 51007 of 2023. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 29.02.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail 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 below in connection with Ara Rail P.S. Case No. 26 of 2023.

(Sunil Kumar Panwar, J) arish/- U