Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79863 of 2023 Arising Out of PS. Case No.-479 Year-2022 Thana- MALSALAMI District- Patna ====================================================== Satish Kumar Son Of Laxman Sahni (LAKSHMAN Sahni) Resident Of Satichoura Sabalpur, P.S.- Nadi, Distt. Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 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 399, 402 and 412 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of Arms Act and Sections 8/20(b)(ii) (B) of the NDPS Act.

3. Prosecution case relates to recovery of 1kg and 280 grams of ganja like intoxicating substance along with mobile and Rs. 1,500/- 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 substance does not come within the purview of commercial quantity as per NDPS Act. He has no concern with the seized

Patna High Court CR. MISC. No.79863 of 2023(2) dt.11-12-2023 2/2 ganja. Similarly situated other co-accused persons have already been granted bail by this Court vide Annexure-II series of this petition. Moreover, the petitioner is languishing in judicial custody since 29.08.2022.

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 in connection with Malsalami P.S. Case No. 479 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 ADJ-XVIII, Patna.

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