Nishant Kumar @ Laddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55044 of 2023 Arising Out of PS. Case No.-471 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== Nishant Kumar @ Laddu S/O- Late Pramod Singh Mohalla- Siristabad, Sri Ram Path Ps- Gardanibagh Dist- patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 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)(ii) (B) of the N.D.P.S. Act.

According to F.I.R., it is a case of recovery of total 155 grams smack like substance from the petitioner. It is further alleged that the petitioner and other co-accused were apprehended on the spot and from their possession one motorcycle was also recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case only on the basis of suspicion. He has no concern with the alleged recovery nor

Patna High Court CR. MISC. No.55044 of 2023(2) dt.29-08-2023 2/2 vehicle in question belongs to him. The alleged recovery of smack like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. It is further submitted that the petitioner has got no criminal antecedent and he is languishing in judicial custody since 19.08.2022.

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 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 Gardanibagh P.S. Case No. 471 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 Additional District & Sessions Judge-IV, Patna.

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