Patna High CourtCR. MISC./70022/2023allowed

Kameshwar Singh @ Kameshwar Kumar Singh v. The State Of Bihar

2023-11-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70022 of 2023 Arising Out of PS. Case No.-444 Year-2023 Thana- GARKHA District- Saran ====================================================== KAMESHWAR SINGH @ KAMESHWAR KUMAR SINGH S/O LATE RAJENDRA SINGH R/O UTTAR KADNA, P.O- MOHAMMADPUR, P.SGARKHA, DISTT.- SARAN, BIHAR- 841311. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandeep Kumar :

Mr.Abhijeet Abhigyan For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== 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 20, 21 of the N.D.P.S. Act.

3. According to the prosecution case, the petitioner is said to have been apprehended on spot from whose possession, 93 gram ganja like substance was recovered.

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. The petitioner has no concern with the alleged recovery of ganja like narcotic substance and the same is alleged to be 93gm which is much

Patna High Court CR. MISC. No.70022 of 2023(2) dt.02-11-2023 2/2 lesser than small quantity as per N.D.P.S. Act. It is further submitted the provision of N.D.PS. Act has not been followed by the prosecution. The petitioners has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 24.7.2023.

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 him on bail. The above named petitioner is directed to be released on bail in connection with Garkha P.S. Case No. 444 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 Sessions -cum-Special Judge, Saran.

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