Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81175 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Bhagalpur ====================================================== Roushan Kumar Son Of Rampravesh Yadav Resident Of Village- Khutiya, Ward No. 14, Ps- Mansi, Dist- Khagari ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India through, The Director, Narcotics Contro Bureau, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 8(c), 8(b), 29 of the N.D.P.S. Act.

There is recovery of 460 grams of Heroin from the possession of one Mantu Kumar.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused Mantu Kumar.

Patna High Court CR. MISC. No.81175 of 2023(2) dt.20-12-2023 2/2 Nothing has been recovered from the conscious possession of the petitioners. The petitioner was not apprehended from the spot. The petitioner is languishing in custody since 17.08.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail after framing of charge, if the charge has still not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Bhagalpur in connection with N.C.B (Patna) P.S. Case No. 11 of 2023.

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