Patna High CourtCR. MISC./63660/2023allowed

Ravindra Patel v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63660 of 2023 Arising Out of PS. Case No.-541 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== RAVINDRA PATEL SON OF NAGINA RAWAT R/o Sadhu Chowk, ward no. 5, P.s. and Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 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 8(c), 21(b) of the N.D.P.S. Act.

3. According to the prosecution, the petitioner is alleged to have been apprehended on spot and from whose possession, 9.54 gram smack 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 Smack like narcotic

Patna High Court CR. MISC. No.63660 of 2023(2) dt.10-10-2023 2/2 substance and the same is alleged to be 9.54 gm which does not come under purview of commercial quantity as per N.D.P.S. Act. It is further submitted the provision of N.D.PS. Act has not been followed by the prosecution. He has got no criminal antecedent as stated in para-3 of the petition. Moreover, he is languishing in judicial custody since 11.7.2023.

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 him on bail. The above named petitioner is directed to be released on bail after framing of charge, it not framed, in connection with Gopalganj Town P.S. Case No. 541 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, Gopalganj.

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