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Patna High CourtCR. MISC./79288/2023allowed

Manish Kumar v. The State Of Bihar

2023-12-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79288 of 2023 Arising Out of PS. Case No.-297 Year-2023 Thana- ADAPUR District- East Champaran ====================================================== Manish Kumar Son Of Lal Babu Prasad @ Lal Bahadur Prasad Resident Of Village - Barka Oraiya/ Badka Auraiya, P.S. - Adapur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2023 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 8 and 20(b) (ii)(c) of the N.D.P.S. Act.

As per F.I.R., petitioner was apprehended on the spot and from the back of the printer of Indu Sudio, total 66 gram of Heroin like substance has been recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no any concern with the alleged recovery of Heroin like substance. The petitioner is not the owner of the Indu Studio and there is no material to

Patna High Court CR. MISC. No.79288 of 2023(2) dt.08-12-2023 2/2 connect the petitioner with the said Studio. Nothing has been recovered from his conscious possession. It is further submitted that the petitioner has got no criminal antecedent and languishing in judicial custody since 04.10.2023. 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 period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail after framing of charge. The above named petitioner is directed to be released on bail in connection with Adapur (Harpur) P.S. Case No. 297 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 Session Judge/Special Judge, East Champaran, Motihari. (Sunil Kumar Panwar, J) lata/- U T