Patna High CourtCR. MISC./61811/2023allowed

Satendra Thakur @Satyendra Thakur v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61811 of 2023 Arising Out of PS. Case No.-198 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Satendra Thakur @Satyendra Thakur Son Of Late Ram Jee Thakur R/O Vill-. Ramobariya, Ps- Buxar, (Industrial Area), Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== 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 21(A) & 22(A) of the N.D.P.S. Act.

3. As per FIR, petitioner along with others are alleged to have apprehended by police team and from possession of this petitioner, 1.3 gm Heroine like contraband substance kept in 04 sachets.

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 Heroine like narcotic substance and the same is alleged to be 1.3 gm which does not

Patna High Court CR. MISC. No.61811 of 2023(2) dt.15-09-2023 2/2 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 and languishing in judicial custody since 27.7.2023.

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 after framing of charge, if charge not framed in connection with Buxar (Industrial Area) P.S. Case No. 198 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 Dist Judge-cum-Spl Court N.D.P.S. Act, Buxar. (Sunil Kumar Panwar, J) Amandeep/- U T