Arvind Kumar Sah @ Arvind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81315 of 2023 Arising Out of PS. Case No.-85 Year-2023 Thana- HABIBPUR District- Bhagalpur ====================================================== Arvind Kumar Sah @ Arvind Kumar Son of Hari Sah Resident of Keori Tola, P.S.- Habibpur, District - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madan Mohan, Adv.
For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Habibpur P.S Case No. 85 of 2023 registered for the offences punishable under Sections 20, 21, 22, 8( C ) of the NDPS Act.
3. As per prosecution case, 95.450 gram of Brown Sugar has been recovered from the possession of the one Shubham Kumar.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner is not named in FIR his
Patna High Court CR. MISC. No.81315 of 2023(4) dt.04-04-2024 2/2 name surfaced from the confessional statement of the coaccused. Nothing has been recovered from the conscious possession of the petitioner. It is next submitted that Shubham Kumar is already on bail for treatment of the drug additiction. Petitioner has got no criminal antecedent as stated in para 3 of the bail petition. It is also submitted that petitioner is in judicial custody since 06.09.2023.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bhagalpur in connection with Habibpur P.S Case No. 85 of 2023. (Ramesh Chand Malviya, J) Mayank/- U T