Rupesh Kumar @ Lagga v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71884 of 2023 Arising Out of PS. Case No.-279 Year-2023 Thana- BARHARA KOTHI District- Purnia ====================================================== RUPESH KUMAR @ LAGGA son of Umesh Mandal @ Umesh Kumar Mandal Village- Godiyari B.Kothi Ps- Barhara Kothi Dist- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr.Choubey Jawahar ====================================================== 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 instituted for the offence under Sections 8(c) and 21(b) of the N.D.P.S. Act.
3. As per prosecution case, there has been recovery of 7.25 Gm Smack from the possession of the petitioner.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized Smack. He submitted that seized Smack like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. The provision of Section 50 of the N.D.P.S. has not been followed in this case. He is languishing in
Patna High Court CR. MISC. No.71884 of 2023(2) dt.07-11-2023 2/2 judicial custody since 18.07.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. 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, Purnia in connection with Barhara Kothi P.S. Case No. 279 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T