Uma Shankar Kumar @ Uma Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75082 of 2022 Arising Out of PS. Case No.-171 Year-2018 Thana- JOGBANI District- Araria ====================================================== Uma Shankar Kumar @ Uma Shankar S/O- Pankaj Thakur R/O Village- Utri Mandiri, P.S.- Buddha Colony, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Bihari Singh For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 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 21, 22 and 23 of the NDPS Act.

As per FIR, the petitioner was apprehended on the spot and from dickey of the bus bearing Reg. No. BR-1PC2692, 3.440 kg charas like substance was recovered. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner was driver of the alleged vehicle due to which he has falsely been implicated in this case. The petitioner has no concern with the alleged recovery and nothing incriminating has been recovered from his conscious

Patna High Court CR. MISC. No.75082 of 2022(4) dt.03-07-2023 2/3 possession rather cleaner of the bus stated in his statement that someone kept this bag in the dickey of the bus and told him that someone will receive this bag in Patna. It is further submitted that the petitioner has got no criminal antecedent and he suo-motu surrendered before court below on 17.08.2022, and since then he is languishing in judicial custody.

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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jogbani (Bathnaha) P.S. Case No. 171 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-cumSpecial Judge, NDPS, Araria. (Sunil Kumar Panwar, J) Manishkumar/- U T

Patna High Court CR. MISC. No.75082 of 2022(4) dt.03-07-2023 3/3