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Patna High CourtCR. MISC./69999/2022allowed

Raja Kumar v. The State Of Bihar

2023-05-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69999 of 2022 Arising Out of PS. Case No.-593 Year-2022 Thana- DANAPUR District- Patna ====================================================== Raja Kumar Son Of Devendra Rai @ Devendra Prasad R/O- Narthupur, P.S.- Fatuha, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 21(b) of the N.D.P.S. Act.

There is recovery of 21 grams of smack/brown sugar from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that recovery is much below the

Patna High Court CR. MISC. No.69999 of 2022(5) dt.22-05-2023 2/2 commercial quantity and at the time of seizure, Section 50 of the N.D.P.S Act was not complied by the concerned police officer. The petitioner is languishing in custody since 27.06.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-XXIV, Patna in connection with Special Case No. 97 of 2022, arising out of Danapur P.S. Case No. 593 of 2022.

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