Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76096 of 2023 Arising Out of PS. Case No.-230 Year-2023 Thana- DARBHANGA District- Darbhanga ====================================================== ROHIT KUMAR SON OF LATE RAGHIVEER RAY RESIDENT OF VILLAGE- NAGA MANDIR MISHRA TOLA WARD NO. 18, PS- TOWN, DIST- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 22 of the N.D.P.S. Act.

3. As per prosecution case, on secret information received that the petitioner sold narcotic medicine on his house then police party reached at that place and on search there has been recovery of 192 tablets of Pyeevon Spas Plus.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that from the perusal of the FIR, Pyveen Spas Plus recovered 192 tablets from the possession of the petitioner, the said tablets used as pain killer

Patna High Court CR. MISC. No.76096 of 2023(2) dt.30-11-2023 2/2 not under narcotics. He further submitted that the petitioner kept the tablet for use of pain killer in his family members not for the purpose of business as narcotic view. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 02.08.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail 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 Sessions Judge-cum-Special Judge (NDPS), Darbhanga in connection with Darbhanga P.S. Case No. 230 of 2023.

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