Patna High CourtCR. MISC./69344/2022allowed

Krishna 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.69344 of 2022 Arising Out of PS. Case No.-290 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== KRISHNA KUMAR Son of Ramudgar Mahto R/v and Post - Fafaut, Phaphaut, Meghaul P.S.- Khodawandpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr.A.PP ====================================================== 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 regular bail in a case registered for the offence punishable under section 8/20(6)(4) (A)(B) of the N.D.P.S. Act.

As per prosecution case, 1kg 200 grams of Ganja was recovered from the petitioner and he was 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 1.200 kg. comes below the commercial quantity. He has been falsely implicated in this case. Petitioner is languishing in judicial custody since 15.09.2022.

Patna High Court CR. MISC. No.69344 of 2022(2) dt.28-02-2023 2/2 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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with NDPS Case No. 39 of 2022 arising out of Bakhari P.S. Case No. 290 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 Session Judge, Begusarai. (Sunil Kumar Panwar, J) niku/sushmaU T