Patna High CourtCR. MISC./82650/2023allowed

Sunil Paswan v. The State Of Bihar

2023-12-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82650 of 2023 Arising Out of PS. Case No.-735 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== SUNIL PASWAN Son of Moti Paswan R/o vill - Miya Pakri, P.S. - Kanti, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8(c), 21 (B) of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 5.100 Gm of Smack like substance from the possession of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized Smack. He submitted that seized Smack like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. The provision of Section 50 of the

Patna High Court CR. MISC. No.82650 of 2023(2) dt.20-12-2023 2/2 N.D.P.S. Act has not been followed in this case. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 22.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Muzaffarpur in connection with Kanti P.S. Case No. 735 of 2023.

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