Patna High CourtCR. MISC./72226/2023allowed

Ajay Kumar v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72226 of 2023 Arising Out of PS. Case No.-259 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== Ajay Kumar Son Of Late Karu Chauhan @ Late Karu Charan R/O VillageBeldari Par, P.S.- Parbalpur, Dist.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 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 20(ii)(b) of the NDPS Act.

3. Prosecution case relates to recovery of 5 kg 600 grams of ganja 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. The recovered ganja like intoxicating substance does not come within the purview of commercial quantity as per NDPS Act. Nothing has been recovered from the conscious possession of the petitioner. A

Patna High Court CR. MISC. No.72226 of 2023(2) dt.08-11-2023 2/2 statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 21.06.2023.

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 Khusrupur P.S. Case No. 259 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 4th Additional Sessions Judge cum Special Judge NDPS, Patna.

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