Subash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60584 of 2023 Arising Out of PS. Case No.-227 Year-2023 Thana- BUXAR District- Buxar ====================================================== Subash Sah S/O Late Aklu Sah R/O Village- Jalilpur Sonpa, Ps. Rajpur, Dist. Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 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 20(b)(ii)(B), 27(a) of the N.D.P.S. Act.

3. As per FIR, three accused persons are alleged to have apprehended from whose possession some contraband substance along with cash & mobiles were recovered. Apprehended persons disclosed the name of the petitioner stated therein that the petitioner also indulged in sell of contraband.

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 contraband substance or

Patna High Court CR. MISC. No.60584 of 2023(2) dt.12-09-2023 2/2 with the co-accused persons. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession rather his name was disclosed by apprehended co-accused persons. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 18.7.2023.

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 Buxar (Town) P.S. Case No. 227 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 Judge-cum-Special Court N.D.P.S. Act, Buxar.

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