Rocky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58310 of 2023 Arising Out of PS. Case No.-780 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== Rocky Kumar Son Of Kamlesh Thakur Resident Of Village - Aropur (AMARPURA), Ps- Naubatpur, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rama Kant Singh For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 8(c), 21(b)(c) of the N.D.P.S. Act.

There is recovery of 8 grams of smack from five apprehended accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.58310 of 2023(3) dt.11-10-2023 2/2 petitioner has no concern either with the apprehended accused or the seized smack. Moreover, the seized contraband is much below the commercial quantity. The petitioner is languishing in custody since 02.12.2022. Other similarly situated co-accused persons have been granted bail by a coordinate Bench of this court vide order dated 07.07.2023 passed in Cr. Misc. No. 38496 of 2023.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XXVIII, Patna in connection with Special Case No. 31 of 2023, arising out of Naubatpur P.S. Case No. 780 of 2022.

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