Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63782 of 2022 Arising Out of PS. Case No.-141 Year-2022 Thana- SINGHESHWAR District- Madhepura ====================================================== Sunil Kumar S/O Shyamdev Mandal @ Shayamdeo Mandal Resident Of Village- Khawaspur, Ward No- 1, P.S.- Simraha, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2023 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 Singheshwar P.S. Case No. 141 of 2022 registered under sections 25(1-b)a/26/35 of the Arms Act and Sections 20(b) (ii) (B) of the NDPS Act. Prosecution case relates to recovery of six live cartridges from the possession of the petitioner and approximately 300 grams of ganja like substance which was kept in the dickey of the seized motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the petitioner has no concern either with the seized live

Patna High Court CR. MISC. No.63782 of 2022(3) dt.20-04-2023 2/2 cartridges or with the ganja like substance and the recovered ganja like substance does not come under the purview of commercial quantity as per NDPS Act. It is also submitted that the seized motorcycle belongs to the brother of the petitioner. Moreover, he is languishing in judicial custody since 10.06.2022.

The application for bail is 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 as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Singheshwar P.S. Case No. 141 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 A.D.J.-V, Madhepura.

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