Bhawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72595 of 2023 Arising Out of PS. Case No.-161 Year-2023 Thana- AMBA District- Aurangabad ====================================================== BHAWAN KUMAR SONOF MANGAL PRASAD R/O MOHALLAVILLAGE MUGALSARAI, P.S.- ALINAGAR, DIST.- CHANDAULI (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 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 8(C), 20(b)(ii)(B) 25 of NDPS Act.

As per allegation in the FIR, on getting secret information police party proceeded towards place of occurrence, and apprehended the petitioner with motorcycle. On search, 1.8 kilogram ganja like substance was recovered from his motorcycle.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this Case. No local person was made as a witness of the seizure list rather seizure

Patna High Court CR. MISC. No.72595 of 2023(2) dt.28-11-2023 2/2 list witnesses are police personnel. There is complete violation of provision of Section 50 of the NDPS Act. There is no FSL report to confirm that the seized article is contraband material. The recovered article comes below the commercial quantity. Petitioner has got no criminal antecedent and languishing in judicial custody since 10.07.2023.

Learned APP appearing for the State has opposed the prayer of 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 enlarged on bail after framing of charge 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 Spl. Judge (NDPS) cum-1st Additional Distt. & Sessions Judge, Aurangabad, Bihar in connection with Amba P.S. Case No. 161 of 2023. (Sunil Kumar Panwar, J) sushma/- U