Patna High CourtCR. MISC./60607/2023allowed

Bhim Kumar @ Bheem Kumar v. The State Of Bihar

2023-09-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60607 of 2023 Arising Out of PS. Case No.-397 Year-2019 Thana- JAKKANPUR District- Patna ====================================================== BHIM KUMAR @ BHEEM KUMAR S/O RAJENDRA PRASAD RESIDENT OF VILLAGE- CHIRAIYATAD GALI NO. 1, MADAN LAL GALI, P.S- KANKARBAGH, DISTRICT- PATNA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Chandra For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 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 21(b)(ii), 25 and 27 of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 7.5 gram Heroin like substance from the possession of coaccused Suraj Kumar.

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 not apprehended on spot. The name of the petitioner has come into light on the basis of confessional statement of co-accused Suraj Kumar, who

Patna High Court CR. MISC. No.60607 of 2023(2) dt.12-09-2023 2/2 apprehended on spot. He submitted that the petitioner has no concern with the seized Heroin. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 28.06.2023 passed in Cr. Misc. No. 32356 of 2023. He is languishing in judicial custody since 17.12.2022.

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. 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 Jakkanpur P.S. Case No. 397 of 2019.

(Sunil Kumar Panwar, J) arish/- U