Md. Raja @ Khanna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78725 of 2023 Arising Out of PS. Case No.-512 Year-2023 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Md. Raja @ Khanna Son Of Junaf Resident Of Village- Champanagar, Ward No. 11, Ps- K. Nagar (Champanagar), Dist- Purnia. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv. alongwith Mr. Dr. Bidhu Ranjan, Adv.
For the State :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8(c), 21(b) and 25 of the N.D.P.S. Act.
3. As per prosecution case, there has been recovery of 102 gm of Brown Sugar from the possession of the petitioner.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized Brown Sugar. He submitted that seized Brown Sugar like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. The provision of
Patna High Court CR. MISC. No.78725 of 2023(4) dt.29-02-2024 2/2 Section 42 and Section 50 of the N.D.P.S. Act has not been followed in this case. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 05.09.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, N.D.P.S. Act in connection with Krityanand Nagar P.S. Case No. 512 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T