Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7450 of 2023 Arising Out of PS. Case No.-97 Year-2022 Thana- BALIA BELON District- Katihar ====================================================== Rakesh Kumar Son Of Late Bhudeo Yadav R/V- Lagar, P.S- Parbatta, DistKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 20(b), 21(b) of the NDPS Act.

It is a case of recovery of total 4.559 kg ganja like substance from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the

Patna High Court CR. MISC. No.7450 of 2023(2) dt.01-05-2023 2/3 basis of suspicion. Petitioner was traveling by a tempo, but on the way police started checking the tempo and recovered ganja like substance from a bag, but the same does not belong to him. It is further submitted that the seizure list has not been prepared as per Section 50 of the NDPS Act. Petitioner is languishing in judicial custody since 06.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Balia Belon P.S. Case No. 97 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.7450 of 2023(2) dt.01-05-2023 3/3 learned Additional District Judge-IV, Katihar. (Sunil Kumar Panwar, J) Shageer/- U T