Patna High CourtCR. MISC./69284/2022allowed

Aryan Kumar v. The State Of Bihar

2023-02-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69284 of 2022 Arising Out of PS. Case No.-244 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== 1.

ARYAN KUMAR Son of Nand Kishor Singh Resident of Village- Imadpur, Bind Toli Ward No.-5, P.S.- Gogri, District- Khagaria 2.

RAJ NANDAN KUMAR Son of Bisundeo Singh @ Bishnu Dev Singh Resident of Village- Imadpur, Bind Toli Ward No.-5, P.S.- Gogri, DistrictKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 8(c), 20(b)(ii)(B) and 25 of the NDPS Act.

Prosecution case relates to recovery of 9.892 kg. of ganja which was kept in back seat of four wheeler and three persons including the petitioner were arrested on spot. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Police has not complied the mandatory provision of Section 50 of the NDPS Act. The alleged quantity of recovery of

Patna High Court CR. MISC. No.69284 of 2022(2) dt.28-02-2023 2/2 9.892 kg does not come within the purview of commercial quantity. Petitioner is languishing in judicial custody since 19.07.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS Act, Purnea in connection with Purnea P.S. Case No. 244 of 2022.

(Sunil Kumar Panwar, J) sushma/- U