Rohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73042 of 2022 Arising Out of PS. Case No.-581 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== ROHAN KUMAR Son of Ranjeet Choudhary R/o Village - Rambagh Driver Tola, Ward N. 30, P.S.- Sadar, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Hussain For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8(c), 21(b) of the N.D.P.S. Act.

As per prosecution case, on secret information received, there has been recovery of 13.25 gm smack (Brown Sugar), which was kept in the petitioner's pocket. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has no concern with the seized smack. He submitted that seized smack like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. The provision of Section 50 of the NDPS Act has also not

Patna High Court CR. MISC. No.73042 of 2022(3) dt.21-04-2023 2/2 been followed. 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 18.08.2022. 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 the case, 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 Special Judge, NDPS Act, Purnia in connection with Purnea Sadar P.S. Case No. 581 of 2022.

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