Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76818 of 2023 Arising Out of PS. Case No.-283 Year-2023 Thana- BUXAR District- Buxar ====================================================== 1.

Raju Kumar S/O- Jagdish Ram R/O- Village- Jagjiwan Nagar Jaso Dera, P.S.- Buxar (M), Dist.- Buxar 2.

Raju Kumar S/O- Guddu Ram R/O- Village- Jagjiwan Nagar Jaso Dera, P.S.- Buxar (M), Dist.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Gupta For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Buxar(Town) P.S. Case No. 283 of 2023 registered under sections 21, 22 and 27 of the NDPS Act. Prosecution case relates to recovery of total 150 grams of heroin like intoxicating substance from the possession of co-accused, namely, Sudama Singh and these petitioners were also apprehended by the police along with him. Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case. Nothing has been

Patna High Court CR. MISC. No.76818 of 2023(2) dt.04-12-2023 2/2 recovered from the conscious possession of the petitioners and also they have no concern with the seized article. The recovered article does not come within the purview of commercial quantity as per NDPS Act. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 29.05.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Buxar (Town) P.S. Case No. 283 of 2023 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge NDPS Act, Buxar.

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