Amit Kumar @ Amit Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81749 of 2023 Arising Out of PS. Case No.-734 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Amit Kumar @ Amit Kumar Sharma, Son Of Bandhu Sharma, R/O VillageSalempur, P.S.- Sidhwaliya, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devashish Giri, Advocate For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Gopalganj Town P.S. Case No. 734 of 2023 lodged on 13.09.2023 under Section 8(c) and 21(b) of the NDPS Act.

3. As per the prosecution case, the FIR has been lodged against two named accused persons, including the present petitioner. Recovery of 7.5 gm smack along with an electronic weighing machine is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 14.09.2023 having no criminal antecedent. Learned counsel further submits that from the

Patna High Court CR. MISC. No.81749 of 2023(3) dt.05-03-2024 2/2 seizure list which is annexed with the FIR, it became crystal clear that from the petitioner's possession, only an electric weighing machine has been recovered whereas from the possession of other co-accused persons 7.5 gram NDPS materials have been recovered. The petitioner is ready to fulfill all the conditions and the recovered contraband is not of commercial quantity rather it is between the small and commercial quantity. Moreover, the charge has already been framed.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after six months from the date of framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Gopalganj, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J) Ashwini/- U T