Patna High CourtCR. MISC./59335/2023allowed

Surendra Prasad @ Surendra Turha @ Lavara v. The State Of Bihar

2023-09-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59335 of 2023 Arising Out of PS. Case No.-98 Year-2022 Thana- DUMRAO District- Buxar ====================================================== SURENDRA PRASAD @ SURENDRA TURHA @ LAVARA S/O JAWAHAR PRASAD @ JAWAHAR SAH VILLAGE AND PO MASARH, PS- UDWANTNAGAR, DIST- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== 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 instituted for the offence under Sections 20 and 22(c) of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 9.2 Kg (approx) Ganja from the bag of the co-accused Jitendra Dhanuk, who apprehended on spot.

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, which has got no

Patna High Court CR. MISC. No.59335 of 2023(2) dt.08-09-2023 2/2 evidentiary value in the eyes of law. He submitted that the petitioner has no concern with the seized Ganja. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 01.07.2023.

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 Dumrao P.S. Case No. 98 of 2022.

(Sunil Kumar Panwar, J) arish/- U