Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76649 of 2023 Arising Out of PS. Case No.-576 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== BITTU KUMAR S/O CHANDRADEO SAH VILLAGE- MURADPUR DULLAH, PS. AHIYAPUR, DIST. MUZAFFARPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Bipin Chandra For the Opposite Party/s :
Mr.Shyameshwar Dayal ====================================================== 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 instituted for the offence under Sections 379 and 411 of the IPC and Sections 8(c), 21(b) of the N.D.P.S. Act.
3. As per prosecution case, there has been recovery of cash of Rs. 5,000/- and 6.75 gm of smack like substance from the possession of the petitioner.
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 the petitioner has no concern with the seized smack like substance. 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
Patna High Court CR. MISC. No.76649 of 2023(2) dt.01-12-2023 2/2 Section 100 of the Cr.P.C. and Section 50 of the N.D.P.S. Act have not been followed in this case. He is languishing in judicial custody since 11.05.2023.
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 after framing of charge, if not framed. 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 Addl. Sessions Judge-cum-Spl. Judge, Muzaffarpur in connection with Ahiyapur P.S. Case No. 576 of 2023. (Sunil Kumar Panwar, J) Arish/- U T