Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58688 of 2023 Arising Out of PS. Case No.-214 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SUBHASH KUMAR SON OF LATE UPENDRA SINGH @ LATE UPENDRA PRASAD SINGH RESIDENT OF VILLAGE- ADARSH NAGAR ULAO, WARD NO. 8, PS- MUFASSIL (SINGHAUL), DISTTBEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 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 sections8, 20(b)(ii) (B), 22 of the N.D.P.S. Act.

3. As per prosecution, the petitioner along with coaccused Vikash Kumar are alleged to have been apprehended and from their house, total 17 kg ganja like contraband substance including cash of Rs. 1,12,670/- were recovered.

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.58688 of 2023(3) dt.13-10-2023 2/2 substance and the same is alleged to be 17 kg which does not come under purview of commercial quantity as per N.D.P.S. Act. The petitioner also claimed about the seized cash that the same was his own money. It is further submitted the provision of N.D.PS. Act has not been followed by the prosecution. He has got no criminal antecedent and languishing in judicial custody since 15.4.2023.

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 of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed in connection with Muffasil (Singhaul) P.S. Case No. 214 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 Additional Sessions Judge-I, Begusarai.

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