Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54629 of 2022 Arising Out of PS. Case No.-171 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Arjun Kumar Son Of Shankar Paswan Resident Of Village - Ahiyapur, P.S.- Ahiyapur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 8/20(b)(ii)(B) of N.D.P.S. Act. It is a case of recovery of 200 grams of Charas from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 28.02.2022. It is further submitted that alleged recovery of Charas

Patna High Court CR. MISC. No.54629 of 2022(2) dt.17-01-2023 2/2 weighed 200 grams which is lesser than commercial quantity as prescribed in schedule of N.D.P.S. Act. There is no independent witness who has supported the prosecution version of the case.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 enlarged on bail in connection with NDPS Act Case No. 68 of 2022 arising out of Ahiyapur P.S. Case No. 171 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional & Sessions Judge, Muzaffarpur. (Sunil Kumar Panwar, J) nirajkrs/- U T