Patna High CourtCR. MISC./59118/2023allowed

Raja 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.59118 of 2023 Arising Out of PS. Case No.-367 Year-2023 Thana- MASAUDHI District- Patna ====================================================== RAJA KUMAR S/o AVDHESH PRASAD R/o Manichak, P.S - Masaurhi, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Kumar Singh For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 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 8/20 (b)(ii)(B) of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of total 3.63 gm brown sugar like substance from the pant 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. He submitted that the petitioner has no concern with the seized smack like substance. He submitted that the seized smack like substance is lesser than small quantity as per N.D.P.S. Act. The provision of Section 50 of the N.D.P.S.

Patna High Court CR. MISC. No.59118 of 2023(2) dt.04-09-2023 2/2 Act has not followed in this case. He is languishing in judicial custody since 30.05.2023.

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 Masaudhi P.S. Case No. 367 of 2023.

(Sunil Kumar Panwar, J) arish/- U