Manoj Kumar @ Jay Prakash Kumar v. The State Of Bihar Through Special P.P.(N.D.P.S.)

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71831 of 2023 Arising Out of PS. Case No.-531 Year-2023 Thana- DANAPUR District- Patna ====================================================== Manoj Kumar @ Jay Prakash Kumar Son Of Late Shiv Prakash @ Shiv Prasad R/O Vill - Thakurbari Khatri Road, P.O And P.S. And Distt. - Jehanabad (Bihar) ... ... Petitioner/s

Versus

The State of Bihar through Special P.P.(N.D.P.S.) Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 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 379, 511, 401 of the Indian Penal Code and Section 21(b) of the NDPS Act.

3. Prosecution case relates to recovery of 5.5 grams of brown sugar from the possession of the petitioner.

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 recovered brown sugar does not come within the purview of commercial quantity as per NDPS Act. Moreover, the petitioner is languishing in judicial in

Patna High Court CR. MISC. No.71831 of 2023(2) dt.07-11-2023 2/2 judicial custody since 20.04.2023.

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 after framing of charge if the charge is not framed in connection with Danapur P.S. Case No. 531 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 ADJ 10th Patna.

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