Patna High CourtCR. MISC./78381/2023allowed

Chintu Kumar v. The State Of Bihar

2023-12-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78381 of 2023 Arising Out of PS. Case No.-451 Year-2023 Thana- DANAPUR District- Patna ====================================================== CHINTU KUMAR S/O JALESHWAR PRASAD @ JILESH RAY @ MITHILESH RAY R/O VILLAGE- BELA, P.O- NEORA, P.S- BIHTA (NEORA O.P), DISTT.- PATNA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Choudhary For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 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 20, 21, 22 of the N.D.P.S. Act and sections 25(1-b), 26, 35.

3. It is a case of recovery of 275 gram brown sugar like contraband substance as well as country made pistols from possession of co-accused person. This petitioner is said to have been indulged in selling contraband substance.

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 brown sugar like narcotic

Patna High Court CR. MISC. No.78381 of 2023(2) dt.07-12-2023 2/2 substance and country made pistols and the same has been recovered from possession of co-accused. Neither this petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 12.7.2023.

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 period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed in connection with Danapur P.S. Case No. 451 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 Sessions Judge-Cum-Special Judge (NDPS) Patna. (Sunil Kumar Panwar, J) Amandeep/- U T