Sharwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69288 of 2023 Arising Out of PS. Case No.-414 Year-2023 Thana- NAGAR District- Vaishali ====================================================== SHARWAN KUMAR SON OF SURENDRA RAI RESIDENT OF VILLAGE - MINAPUR, P.S. - HAJIPUR TOWN, DISTRICT - VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 21(b) & 22(b) of the N.D.P.S. Act.

3. As per prosecution case, petitioner was arrested by the police party while the petitioner was taking intoxicating injection on road side. At his instance, the police party raided at K.N. Medical Hall and arrested other accused persons from where, some psychotropic substance of 105 pieces of Buprenorphine Ampoule injections without level, 40 pieces of Avil injection and 5 pieces of Tramadal injection were recovered.

Patna High Court CR. MISC. No.69288 of 2023(2) dt.02-11-2023 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern with the seized intoxicant items, which was recovered from the shop of other accused persons. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 12.09.2023 passed in Cr. Misc. No. 60580 of 2023. The petitioner has got no criminal antecedent and is languishing in judicial custody since 1.6.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Hajipur Town P.S. Case No. 414 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.69288 of 2023(2) dt.02-11-2023 3/3 Sessions Judge 1st-cum-Special Jduge, NDPS Vaishali at Hajipur.

(Sunil Kumar Panwar, J) sushma/- U