Sumant Kumar v. The Union Of India Through Intelligence Officer. Narcotics Control Bureau, Patna, Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67805 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Patna ====================================================== Sumant Kumar S/O Raja Ram Prasad Yadav Village Hira Tola Ward No.03 Raghunathpur Karari P.S. Sahebpur Kamal District Begusarai State Bihar Pin 851217 ... ... Petitioner/s

Versus

1.

The Union Of India Through Intelligence Officer. Narcotics Control Bureau, Patna, Bihar 2.

The State Of Bihar, Through The Intelligence Officer, Ncb, Pzu, Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Jha For the Opposite Party/s :

Mr.K.N. Singh(A.S.G.) For the UOI :

Mr. Awadesh Kumar Pandey(Sr. C.G.C.) Mr. R.K. Sharma Mr. Lokesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the NCB

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(c), 21(c), 25 and 29 of the N.D.P.S. Act.

3. Prosecution case relates to recovery of total 260 grams of charas like narcotics substance from the possession of co-accused persons along with this petitioner.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.67805 of 2023(4) dt.07-02-2024 2/3 the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from the seat of the vehicle. He has no knowledge about the illegal good kept in the vehicle as he took lift from the said vehicle and police arrested him on the ground that he was inside the vehicle. He has no concern with the said incriminating charas like substance. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. It is further submitted by learned counsel for the petitioner that charge has been framed in this case. Moreover, the petitioner is languishing in judicial custody since 27.05.2023.

5. Learned APP appearing for the state and learned counsel for the NCB have 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 NCB Case No. 09 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.67805 of 2023(4) dt.07-02-2024 3/3 learned Sessions Judge, Begusarai.

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