Deepak Kumar @ Golu @ Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84969 of 2023 Arising Out of PS. Case No.-264 Year-2023 Thana- DARBHANGA District- Darbhanga ====================================================== Deepak Kumar @ Golu @ Golu Kumar Son of Jagarnath Sah Residence of Mohalla - Kadirabad Chock, Police Station - L.N.M.U, District - Darbhanga, Pin Code - 846004.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Kumar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 22 of N.D.P.S. Act and Section 37 of Bihar Prohibition & Excise Act. As per the allegation in F.I.R, 4 tablets of Pyeevon spas plus have been recovered from the possession of the petitioner. It is further alleged that petitioner was in drunken state.

Patna High Court CR. MISC. No.84969 of 2023(2) dt.29-01-2024 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 04.09.2023. Similarly situated co-accused persons have been granted bail vide order dated 29.11.2023, passed in Cr. Misc. No. 74472 of 2023 by the co-ordinate Bench of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Nagar (Kotwali O.P.) P.S. Case No. 264 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.84969 of 2023(2) dt.29-01-2024 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga.

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