Jitendra Kumar @ Saurav Kumar v. The Union Of India Through Narcotics Control Bureau, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61732 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- TETERHAT District- Lakhisarai ====================================================== Jitendra Kumar @ Saurav Kumar Son Of Sunil Singh Resident Of Village - Sharma, P.S. - Tetarhat, District - Lakhisarai (Bihar) ... ... Petitioner/s

Versus

1.

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

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

Mr.Mayank Raj For the Opposite Party/s :

Mr.K.N. Singh, A.D.S.G.

====================================================== 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)(c) (ii)/25, 29 of the N.D.P.S. Act.

3. As per FIR, the petitioner along with co-accused are alleged to have apprehended from whose possession 15 kg ganja like contraband substance as well as Rs. 37,500/- cash were recovered.

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 petitioner has no concern with the alleged recovery of ganja like narcotic

Patna High Court CR. MISC. No.61732 of 2023(2) dt.15-09-2023 2/2 substance and the same is alleged to be 15 kg which does no come under purview of commercial quantity as per N.D.P.S. Act. It is further submitted the provision of N.D.PS. Act has not been followed by the prosecution. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 31.3.2023.

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 him on bail. The above named petitioner is directed to be released on bail after framing of charge, if charge is not framed, in connection with Tetarhat P.S. Case No. 40 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, cum-Special Judge, N.D.P.S. Act, Lakhisarai.

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