Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59479 of 2023 Arising Out of PS. Case No.-252 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Sujit Kumar S/O Chhathu Chaurasiya @ Chhatu Chaurasia R/O VillageSareya, Ward No. 3, P.S- Nagar Gopalganj, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 21(b) of the NDPS Act.

3. Prosecution case relates to recovery of smack like incriminating article from the possession of the co-accused person and he said that he purchased the said article from the petitioner.

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 name of the petitioner came into light in this case on the basis of confessional statement of apprehended co-accused person before the police

Patna High Court CR. MISC. No.59479 of 2023(2) dt.08-09-2023 2/2 which has got no evidentiary value in the eye of law. Nothing incriminating article has been recovered from the conscious possession of the petitioner and he has no concern with the seized smack like substance from the co-accused person. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 30.05.2023.

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 of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kuchaikote P.S. Case No. 252 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 Sessions Judge, Gopalganj. (Sunil Kumar Panwar, J) shubham/- U T