Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56072 of 2023 Arising Out of PS. Case No.-538 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== SANTOSH KUMAR S/O VIJAY PRASAD RESIDENT OF SAREYA WARD NO. 4, PS. GOPALGANJ, DIST. GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Ranjan For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 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) (A) of the N.D.P.S. Act.

The prosecution story is that the informant got secret information about illegal trading of Ganja, thereafter, he reached at the place of occurrence and apprehended the petitioner. On search, 64 gram ganja from possession of this petitioner was recovered by the police.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.56072 of 2023(2) dt.31-08-2023 2/3 falsely been implicated in the present case. The petitioner has no concern with the alleged recovery of ganja and the same was lesser than commercial quantity as per N.D.P.S. Act. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 10.07.2023.

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, this court is inclined to enlarge the petitioner on bail after framing of charge, if nor framed. The above named petitioner is directed to be released on bail in connection with Gopalganj P.S. Case No. 538 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 concerned Court.

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

Patna High Court CR. MISC. No.56072 of 2023(2) dt.31-08-2023 3/3