Sujit Kumar @ Sujit Kumar Chaurasiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58103 of 2023 Arising Out of PS. Case No.-148 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== SUJIT KUMAR @ SUJIT KUMAR CHAURASIYA Son of Lambodar Kumar Chaurasiya @ Lambodar Prasad R/o vill - Shreepur Haati, P.S. - Pandaul, distt. - Madhubani ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Pandey For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2024 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, 21, 22 of the N.D.P.S. Act.
3. According to the prosecution case, the petitioner was apprehended on spot with a scooty from where, 15 kg of incriminating ganja like substance was recovered. Other coaccused persons fled away.
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 petitioner has no concern with the alleged recovery of ganja like narcotic
Patna High Court CR. MISC. No.58103 of 2023(3) dt.18-01-2024 2/2 substance and the same is alleged to be 15 kg which does not come under purview of commercial quantity as per N.D.P.S. Act. It is further submitted the provision of N.D.PS. Act has not been followed by the prosecution. He has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 26.6.2023.
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 period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed in connection with Basopatti P.S. Case No. 148 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, Madhubani. (Sunil Kumar Panwar, J) Amandeep/- U T