Patna High CourtCR. MISC./79533/2023allowed

Kunal Kumar v. The State Of Bihar

2023-12-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79533 of 2023 Arising Out of PS. Case No.-9 Year-2022 Thana- UPHARA District- Aurangabad ====================================================== KUNAL KUMAR SON OF LATE RAMADHAR SINGH RESIDENT OF VILLAGE- SAHAR TELPA, P.S.- SAHAR TELPA, DISTRICT- ARWAL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Sharma For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 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 8, 20(b)(ii) (B), 25 of the N.D.P.S. Act.

3. As per FIR, prosecution case relates to recovery of 1.486 kg ganja like narcotic substance from possession of coaccused Aditya Paswan. This petitioner is said to have supplied the contraband material to the co-accused.

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 petitioner was not apprehended on spot and nothing has been recovered from his conscious possession. The same was recovered from possession

Patna High Court CR. MISC. No.79533 of 2023(2) dt.11-12-2023 2/2 of co-accused person who disclosed the name of the petitioner. The petitioner has no concern with the seized material or coaccused persons. He has got no criminal antecedent and languishing in judicial custody since 13.9.2023.

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 him on bail. The above named petitioner is directed to be released on bail in connection with Uphara P.S. Case No. 09 of 2022 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)-Cum-1st Additional District and Sessions Judge, Aurangabad.

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