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Patna High CourtCR. MISC./53983/2023allowed

Nagina Bind v. The State Of Bihar

2023-11-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53983 of 2023 Arising Out of PS. Case No.-206 Year-2023 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== NAGINA BIND S/O LATE SHOBHNATH BIND VILLAGE SARIYANV, PS- DURGAWATI, DIST- KAIMUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 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(c), 20(b) (ii)(B) and 29 of the N.D.P.S. Act.

According to F.I.R., it is a case of recovery of total 950 grams of Ganja like substance along with weighing machine and watts were recovered including cash of Rs. 253/- from the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner has no concern with the alleged recovery and recovered 950 grams of Ganja like substance is less than commercial quantity. It is further

Patna High Court CR. MISC. No.53983 of 2023(3) dt.07-11-2023 2/2 submitted that the provision of N.D.P.S. Act has not been followed properly. The petitioner is languishing in judicial custody since 25.06.2023.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that F.S.L. report of seized contraband article is positive.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of 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 Durgawati P.S. Case No. 206 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-cum-Special Judge, N.D.P.S. Act, Kaimur at Bhabhua.

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