Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75342 of 2023 Arising Out of PS. Case No.-768 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Santosh Kumar Son Of Asarfi Sah Resident Of Arya Nagar, Ward No.21, Police Station - Gopalganj Town, District - Gopalganj ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 8(c), 21(b) of N.D.P.S. Act and Section 30(a), 41(1) pf Bihar Prohibition and Excise Act.

As per the allegation in F.I.R, 9 grams of Smack like narcotics substance and 360 ML of IMFL have been recovered from the possession of the

Patna High Court CR. MISC. No.75342 of 2023(2) dt.29-11-2023 2/3 petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner has no concern with the alleged recovered contraband or with the illicit liquor. The alleged recovered Smack like narcotics substance is lesser than commercial quantity as per N.D.P.S. Act. Moreover, the petitioner is languishing in judicial custody since 28.09.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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. The above named petitioner is directed to be enlarged on bail after framing of charge in connection with Gopalganj (Town) P.S. Case

Patna High Court CR. MISC. No.75342 of 2023(2) dt.29-11-2023 3/3 No. 768 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Gopalganj.

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