Patna High CourtCR. MISC./61262/2023allowed

Ajit Kumar v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61262 of 2023 Arising Out of PS. Case No.-228 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== Ajit Kumar Son Of Sunil Sah R/O Vill - Nonia Patti Naugachia, P.S. - Naugachia, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 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 sections 8/20(b)/22(b) of the NDPS Act.

3. Prosecution case relates to recovery of total 16 grams of smack like narcotics substance from the as alleged possession of 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. He has no concern with the recovered smack like substance and the recovered incriminating article does not come within the purview of commercial quantity as per NDPS Act. A statement has been made in para-3

Patna High Court CR. MISC. No.61262 of 2023(2) dt.15-09-2023 2/2 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 04.07.2023.

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 Naugachia P.S. Case No. 228 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 District and Sessions Judge, Bhagalpur. (Sunil Kumar Panwar, J) Shubham/- U T