Patna High CourtCR. MISC./66224/2023bail granted

Bipin Kumar v. The State Of Bihar

2023-10-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66224 of 2023 Arising Out of PS. Case No.-153 Year-2023 Thana- SARAIYA District- Muzaffarpur ====================================================== BIPIN KUMAR S/O BHULAWAN SAHNI RESIDENT OF VILLAGE MAHULI, PS- TARAIYA, DIST- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Saraiya P.S. Case no.153 of 2023 (NDPS no.63 of 2023) registered under sections 8 and 20(b)(ii)(B) of the N.D.P.S Act.

3. As per the prosecution case, 10.2 kgs of ganja is said to have been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that contrary to the allegations, no incriminating article has been recovered from the possession of the petitioner who has been falsely implicated in the case. He is in custody since 17.3.2023 and has no criminal antecedent under the N.D.P.S Act.

5. Heard learned A.P.P for the State.

Patna High Court CR. MISC. No.66224 of 2023(2) dt.16-10-2023 2/2

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R, together with the petitioner having remained in custody for about 7 months since 17.3.2023, charge-sheet having been submitted in the case and not having any criminal antecedent under the N.D.P.S Act, the petitioner is directed to be enlarged on bail in connection with Saraiya P.S. Case no.153 of 2023 (NDPS no.63 of 2023) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II, Muzaffarpur.

(Partha Sarthy, J) Shiv/- U T