Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67382 of 2022 Arising Out of PS. Case No.-246 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== Dharmendra Kumar Son Of Hiralal Sahni R/O Village- Shripur Khap, P.S.- Phulwariya, District- Gopalganj, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union Of India Through Narcotics Department Delhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishal Vikram Rana, Adv.

For the Respondent no.2 :

MR. Abhay Shankar Jha, CGC For the State :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Respondent no.2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 20, 22, 24 of the N.D.P.S. Act.

As per prosecution case, the informant apprehended two accused persons including this petitioner. Upon search, 500gm Charas was recovered from possession of co-accused Abhishek Kumar.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner has no concern with the alleged recovery of Charas/contraband substance or

Patna High Court CR. MISC. No.67382 of 2022(2) dt.23-03-2023 2/2 with the co-accused person. Nothing incriminating article has been recovered from possession of the petitioner rather the same was seized from possession of co-accused Abhishek Kumar. It is further submitted that the petitioner has got no criminal antecedent and is languishing in judicial custody since 16.6.2022.

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

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 Special N.D.P.S. Case No. 47 of 2022 arising out of Chakiya P.S. Case No. 246 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-5th, East Champaran, Motihari. (Sunil Kumar Panwar, J) Amandeep/- U T