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Patna High CourtCR. MISC./59110/2022allowed

Balram Kumar v. The State Of Bihar

2023-02-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59110 of 2022 Arising Out of PS. Case No.-424 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Balram Kumar Son Of Late Upendra Mahto @ Upendra Mahto R/VMatihani, Ward No. 10, P.S- Matihani, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 8, 20(b),(ii)(A) of the N.D.P.S Act. There is recovery of two grams of Charas from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The recovered

Patna High Court CR. MISC. No.59110 of 2022(2) dt.04-02-2023 2/2 seized contraband is two grams which comes under the purview of small quantity as per N.D.P.S Act. The petitioner is in custody since 18.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Begusarai in connection with N.D.P.S Case No. 33 of 2022, arising out of Mufassil P.S. Case No. 424 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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