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Patna High CourtCR. MISC./65484/2024allowed

Subham Kumar @ Subham Anand v. The State Of Bihar

2025-02-17Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65484 of 2024 Arising Out of PS. Case No.-155 Year-2024 Thana- BIRPUR District- Supaul ====================================================== Subham Kumar @ Subham Anand Son of Ashok Bhindwar @ Ashok Kumar Yadav Resident of village- Birpur Ward no. 09, P.S.- Birpur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-02-2025 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 section 30(a) of the Bihar Prohibition and Excise Act and Sections, 21(b) and 29 of the NDPS Act.

3. The case of the prosecution is that from the possession of this petitioner altogether 4.5 liters of foreign liquor and 6.83 grams of brown sugar were 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 amount of the contraband which has been recovered from the possession of this petitioner is more than small quantity but is much less than

Patna High Court CR. MISC. No.65484 of 2024(5) dt.17-02-2025 2/2 commercial quantity. It is further submitted by the learned counsel for the petitioner that the petitioner has five criminal antecedents but he is on bail in all those cases. Moreover, he is languishing in judicial custody since 28.04.2024.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Birpur P.S. Case No. 155 of 2024 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, NDPS, Supaul.

(Ashok Kumar Pandey, J) Shubham/- U T