Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71788 of 2023 Arising Out of PS. Case No.-847 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Chhotu Kumar Son Of Binda Sahni Resident Of Village - Dadar Ward No.12, P.S. - Ahiyapur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bipin Chandra For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== 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 8(c) and 21(b) of the NDPS Act.

3. Prosecution case relates to recovery of 5.74 grams of smack like intoxicating substance 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 due to highhandedness of police. The recovered smack does not come within the purview of commercial quantity as per NDPS Act. A statement has been made in para-3 of this petition that the petitioner has got no

Patna High Court CR. MISC. No.71788 of 2023(2) dt.07-11-2023 2/2 criminal antecedent. Moreover, he is languishing in judicial custody since 08.07.2023.

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 Ahiyapur P.S. Case No. 847 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 Special Judge, Muzaffarpur.

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