Bhola Kumar @ Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65520 of 2022 Arising Out of PS. Case No.-351 Year-2022 Thana- KISHANGANJ District- Kishanganj ====================================================== Bhola Kumar @ Bhola S/O Munna Kumar @ Md. Munna Alam Resident Of Village- Sagarmil Ward No- 26, P.S.- Kishanganj, District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 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 Kishanganj P.S. Case No. 351 of 2022 registered under sections 17(a), 18(a) and 21(a) of the N.D.P.S. Act.

Prosecution case in short is that police team raided the spot, and arrested the accused persons including this petitioner and seized contraband smack of two packets, i.e., 520 mg from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. As per allegation, total 520 mg smack has been recovered from the

Patna High Court CR. MISC. No.65520 of 2022(2) dt.25-02-2023 2/2 conscious possession of the petitioner, which comes under the purview of lessor quantity. The alleged Section of N.D.P.S. is not attracted against the petitioner. He has no concern with the the alleged smack. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 23.08.2022. 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 Kishanganj P.S. Case No. 351 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 Sessions Judge-cum-Special Judge N.D.P.S. Act, Kishanganj.

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