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Patna High Court/63904/2023allowed

Sukhlu Saw @ Sukhulu Saw v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63904 of 2023 Arising Out of PS. Case No.-819 Year-2023 Thana- DANAPUR District- Patna ====================================================== Sukhlu Saw @ Sukhulu Saw Son Of Rajendra Saw R/O Golapar, Near Ramjanki Mandir, P.S. - Danapur, Distt - Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 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, 21, 22 of the N.D.P.S. Act.

3. According to the prosecution case, the petitioner is alleged to have been apprehended by the police from whose possession, 96 gram ganja like contraband substance was 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 substance and the same is alleged to be 96 gram which is less

Patna High Court CR. MISC. No.63904 of 2023(2) dt.11-10-2023 2/2 than small quantity as per the N.D.P.S. Act. It is further submitted the provision of N.D.PS. Act has not been followed by the prosecution. Moreover, the petitioner is languishing in judicial custody since 20.6.2023.

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 period 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 Danapur P.S. Case No. 819 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, Patna.

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