Munna Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82436 of 2023 Arising Out of PS. Case No.-367 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== MUNNA PRASAD S/O LATE SHIV SHANKAR PRASAD R/O VILLAGEGOVINDPUR, P.S- FATUA, DISTT.- PATNA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satyapal Singh For the Opposite Party/s :
Mr.Pradeep Narain Kumar ====================================================== 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 registered for the offence punishable under sections 20(ii)(b) of the N.D.P.S. Act.
3. The petitioner is said to have been apprehended by police from whose possession, total 43 gram of incriminating ganja was recovered.
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 has no concern with the alleged recovery of ganja like narcotic substance and the same is alleged to be 43 gram which is less than small quantity as per N.D.P.S. Act. It is further submitted
Patna High Court CR. MISC. No.82436 of 2023(2) dt.20-12-2023 2/2 the provision of N.D.PS. Act has not been followed by the prosecution. It is also submitted that the petitioner is languishing in judicial custody since 27.8.2023.
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 Khusrupur P.S. Case No. 367 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 Sessions Judge-Cum-Special Judge NDPS, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T