Patna High CourtCR. MISC./62847/2023allowed

Jay Mangal Kumar @ Kuku @ Puku v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62847 of 2023 Arising Out of PS. Case No.-439 Year-2023 Thana- DIGHA District- Patna ====================================================== Jay Mangal Kumar @ Kuku @ Puku Son Of Umesh Singh R/O Kachura Ravan Tola, Ps. - Gaurichak, Distt. - Patna, At Present Address - Kurji Balupar Shakti Nagar In House Of Danish Pandit P.S - Digha, Distt. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 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 8(c) and 21(c) of the NDPS Act.

3. Prosecution case relates to recovery of 5.61 grams of brown sugar like narcotics substance from the possession of the petitioner.

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 recovered brown sugar like narcotics substance does not come within the purview of commercial quantity as per NDPS Act. There is no independent

Patna High Court CR. MISC. No.62847 of 2023(2) dt.22-09-2023 2/2 witness of the seizure list rather they are police personnel. Moreover, the petitioner is languishing in judicial custody since 17.06.2023.

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 in connection with Digha P.S. Case No. 439 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 Additional District and Sessions Judge XXVIII, Patna. (Sunil Kumar Panwar, J) Shubham/- U T