Patna High CourtCR. MISC./62616/2023allowed

Rajan Singh @ Monu v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62616 of 2023 Arising Out of PS. Case No.-349 Year-2022 Thana- NAUGACHIA District- Bhagalpur ====================================================== RAJAN SINGH @ MONU SON OF SURESH SINGH RESIDENT OF MADAROUNI, P.S. - NAUGACHIA, DISTRICT - BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madan Mohan For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 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, 17 (B) and 22(B) of the N.D.P.S. Act.

3. As per prosecution case, on secret information received that two persons are travelling with a motorcycle carrying smack like substance, thereafter police party started checking the vehicle and on search there has been recovery of 200 gm Smack from the possession 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. He submitted that the seized

Patna High Court CR. MISC. No.62616 of 2023(2) dt.22-09-2023 2/2 smack like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. The provision of Section 50 of the N.D.P.S. Act has not been followed in this case. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 10.11.2022.

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 Naugachia P.S. Case No. 349 of 2022.

(Sunil Kumar Panwar, J) arish/- U T