Patna High CourtCR. MISC./65447/2023allowed

Rahul Kumar v. The State Of Bihar

2023-10-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65447 of 2023 Arising Out of PS. Case No.-73 Year-2023 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== RAHUL KUMAR SON OF SHANKAR SAH @ SHYAM BABU SAW RESIDENT OF DIWAN MOHALLA PATO KI BAG, PS KHAJEKALAN, DISTRICT PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 399, 402 and 414 of the IPC, Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 20 and 22 of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 3 Kg Ganja from the bag of the petitioner and the other incriminating articles from other co-accused persons also.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized Ganja and other incriminating articles.

Patna High Court CR. MISC. No.65447 of 2023(2) dt.13-10-2023 2/2 He submitted that seized Ganja like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. The provision of Section 100 of the Cr.P.C. and Section 50 of the N.D.P.S. Act has not been followed in this case. He is languishing in judicial custody since 09.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Industrial Area P.S. Case No. 73 of 2023.

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