Nikhil Bhardwaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64403 of 2022 Arising Out of PS. Case No.-460 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Nikhil Bhardwaj Son Of Mr. Sanjeet Kumar Jha @ Sanjeet Kumar Resident Of Village- Devpura, P.S.- Benipatti, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udbhav For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Ahiyapur P.S. Case No. 460 of 2022 registered under Sections 8, 20(b)(ii) (B) of the Narcotics Drugs and Psychotropic Substance Act (N.D.P.S. Act) in which chargesheet was submitted under Section 414 of the Indian Penal Code and sections 8(c), 20(b) (ii) (A) of the N.D.P.S. Act. Allegation against the petitioner and other co-accused is to have some narcotics substance i.e., ganja recovered from them. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to land dispute. It is further submitted that petitioner has no concern with the alleged

Patna High Court CR. MISC. No.64403 of 2022(2) dt.18-01-2023 2/2 recovery of narcotics substance (ganja) or with the other coaccused. As per seizure list, it shows that no incriminating material was recovered from possession of the petitioner as the alleged bag from where the alleged narcotics substance was recovered, was found from the possession of the other co-accused. A statement has been made in para 3 of this petition that petitioner has got no criminal antecedent. He is languishing in judicial custody since 02.06.2022.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Ahiyapur P.S. Case No. 460 of 2022 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 Special Judge, N.D.P.S. Act-cum-Additional Sessions Judge 2nd, Muzaffarpur. (Sunil Kumar Panwar, J) shubham/- U T