Chitra Kumar Rupal @ Chitra Kumar Rapal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76376 of 2023 Arising Out of PS. Case No.-144 Year-2023 Thana- SIKTI District- Araria ====================================================== Chitra Kumar Rupal @ Chitra Kumar Rapal S/O- Harilal Bishwakarma @ Hari Rupal Bishwakarma R/O- Village- Sanichari, Pathri, Ward No.- 04, P.S.- Pathri, Dist.- Morang (Nepal). At Present Residing At Village- Mahajanpara, P.S.- Rangjuli, Dist.- Gopalpara (Assam) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 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 21(b) of the N.D.P.S. Act.

3. As per prosecution case, the petitioner is said to have been apprehended by police from whose possession, 30 gram smack like contraband substance was recovered.

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 petitioner has no concern with the alleged recovery of smack like narcotic substance and the same is alleged to be 30 gram which does no

Patna High Court CR. MISC. No.76376 of 2023(2) dt.01-12-2023 2/2 come under purview of commercial quantity as per N.D.P.S. Act. It is further submitted the provision of N.D.PS. Act has not been followed by the prosecution. The petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 13.5.2023.

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 Sikti P.S. Case No. 144 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, NDPS, Araria.

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