Patna High Court/80193/2023allowed

Pritam Kumar v. The State Of Bihar

2023-12-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80193 of 2023 Arising Out of PS. Case No.-135 Year-2023 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Pritam Kumar S/O Devendra Prasad Singh R/O Village- Kushalpur, P.SRajoun, Dist.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Singh For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 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 21(i)(b) and 23 of the NDPS Act.

3. Prosecution case relates to recovery of 130 grams of brown sugar like intoxicating substance from the possession of this petitioner.

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 recovered incriminating article does not come within the purview of commercial quantity as per NDPS Act. He has no concern with the seized contraband. It is further submitted from para-11 of this petition

Patna High Court CR. MISC. No.80193 of 2023(2) dt.14-12-2023 2/2 that charges have already been framed in this case. Moreover, the petitioner is languishing in judicial custody since 15.07.2023.

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 of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ishakchak P.S. Case No. 135 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 District and Sessions Judge, Bhagalpur. (Sunil Kumar Panwar, J) Shubham/- U T