Patna High CourtCR. MISC./61089/2023allowed

Neeraj Kumar v. The State Of Bihar

2023-09-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61089 of 2023 Arising Out of PS. Case No.-561 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== NEERAJ KUMAR S/o LATE RAJU BHAGAT MOHALLA DRIVER TOLA, RAMBAGH, PS SADAR, DISTT. - PURNIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8(c) and 21(b) of the N.D.P.S. Act.

3. As per prosecution case, on secret information received that petitioner is engaged in the business of smack thereafter, police party started checking the house of the petitioner and on search there has been recovery of 76.8 gm Smack (Brown Sugar) like substance from the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He

Patna High Court CR. MISC. No.61089 of 2023(2) dt.18-09-2023 2/2 submitted that the petitioner has no concern with the seized Smack. He submitted that seized Smack like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 22.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Purnea Sadar P.S. Case No. 561 of 2023.

(Sunil Kumar Panwar, J) arish/- U