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Patna High CourtCR. MISC./69702/2022allowed

Santosh Basnet @ Santosh v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69702 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- BIRPUR District- Supaul ====================================================== SANTOSH BASNET @ SANTOSH SON OF CHITRA BAHADUR BASNET R/O VILLAGE- BHAROUL SANSARI, P.S.- SANSARI, DISTRICT- SANSARI (NEPAL) ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Patla Kumari For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== 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 20 (ii) B/21b/22b of the N.D.P.S. Act.

As per allegation in the F.I.R., while the informant was on patrolling duty, he intercepted the Scooty of the petitioner and on search 148 pieces of injection (72 pieces of Leegesic Injection and 72 pieces of Promethazine Hydrochoride Injection) were found, for which petitioner could not justify for carrying the same to the informant.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.69702 of 2022(2) dt.28-02-2023 2/2 offence. He is languishing in Judicial custody since 07.05.2022. The alleged recovered injection is used to treat allergies insomnia and nausea.

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 District & Sessions Judge-cum-Special Judge N.D.P.S., Supaul in connection with N.D.P.S. (Spl.) 11/22 arising out Birpur P.S. Case No. 122 of 2022.

(Sunil Kumar Panwar, J) subham/- U