Patna High CourtCR. MISC./58324/2023allowed

Bablu Kumar @ Babalu Kumar v. The State Of Bihar

2023-09-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58324 of 2023 Arising Out of PS. Case No.-169 Year-2023 Thana- GARDANIBAG District- Patna ====================================================== Bablu Kumar @ Babalu Kumar S/O Umesh Ram Resident Of Saristabad Noniya Toli, Ps. Gardanibagh, Dist. Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 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(c), 21 (b) of the N.D.P.S. Act.

As per prosecution case, the petitioner was apprehended on the spot and from his possession total 11 grams Heroin like substance was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. The petitioner has no concern with the alleged recovery of Heroin and the same was lesser than commercial quantity as per N.D.P.S.

Patna High Court CR. MISC. No.58324 of 2023(2) dt.04-09-2023 2/2 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 Section 50 of the NDPS Act has not been followed while preparing the seizure list. The petitioner has been languishing in judicial custody since 21.02.2023.

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. The above named petitioner is directed to be released on bail in connection with Gardanibagh P.S. Case No. 169 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