Sanam Kumar @ Mithilesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64922 of 2022 Arising Out of PS. Case No.-98 Year-2022 Thana- KORANSARAI District- Buxar ====================================================== Sanam Kumar @ Mithilesh Son Of Lal Bihari Prasad R/O VillageNoniyapura, P.S.- Krishnabrahm, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 20, 21, 22 of the N.D.P.S. Act.

Prosecution case relates to recovery of 5.67 grams narcotic substance such like 'heroine' from the possession of the petitioner.

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 alleged recovery and the provision of Section 100 of Cr.P.C. has not been followed by the investigation officer. Learned counsel further submits that the alleged recovery is not be sure that it was heroine or heroine like substance which is

Patna High Court CR. MISC. No.64922 of 2022(2) dt.24-02-2023 2/2 clarified by FSL report, but the chrage-sheet has been submitted in the absence of FSL report. It is further submits that the small quantity of 'heroin' starts from 5 gram and the commercial quantity of 'heroin' starts from 250 grams whereas, the recovered narcotic substance from the petitioner was alleged to be 5.67 grams which does not come under purview of commercial quantity as per the N.D.P.S. Act. Moreover, petitioner is languishing in judicial custody since 17.8.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

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 Kodansarai P.S. Case No. 98 of 2022 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 Court, N.D.P.S. Act, Buxar.

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