Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61708 of 2023 Arising Out of PS. Case No.-188 Year-2021 Thana- PATNA CITY CHOWK District- Patna ====================================================== Nitish Kumar Son Of Vijay Bind R/O Bahri Begampur, Renter In The House Of Gautam Yadav, Ps- Bypass, Dist- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8/20(b) (ii) (A) of the N.D.P.S. Act and Sections 25(1-b)a, 26 of Arms Act. As per prosecution case, the petitioner was apprehended on the spot and from the possession of total 550 grams ganja, one country made pistol, one live cartridge and one Samsung mobile were recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. The petitioner has no concern with the alleged recovery, and the recovered ganja does not come within the purview of commercial quantity as per

Patna High Court CR. MISC. No.61708 of 2023(2) dt.20-09-2023 2/2 N.D.P.S. Act. It is further submitted that the petitioner is languishing in judicial custody since 04.07.2021. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Chowk P.S. Case No. 188 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

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