Patna High CourtCR. MISC./78936/2023allowed

Sumit Kumar Jha @ Kanhaiya v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78936 of 2023 Arising Out of PS. Case No.-879 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== SUMIT KUMAR JHA @ KANHAIYA SON OF SRI SHIVENDRA JHA R/O VILLAGE- DHOLBAJJA WARD NO.4, P.S.- FORBISGANJ, DISTRICTARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== 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 section 21C of the NDPS Act.

3. As per FIR, the petitioner and co-accused persons were apprehended on the spot and from Maruti car 20 liter cough syrup was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. The petitioner has no concern with the alleged recovery and provision of NDPS has not been followed while

Patna High Court CR. MISC. No.78936 of 2023(2) dt.07-12-2023 2/2 preparing the seizure list. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 18.09.2023.

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

6. 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 Forbesganj P.S. Case No. 879 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 Special Judge, NDPS Act, Araria.

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