Patna High CourtCR. MISC./82423/2023allowed

Gunjan Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82423 of 2023 Arising Out of PS. Case No.-942 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== GUNJAN KUMAR Son of Dinesh Sharma R/o Sudin Chowk, Tatma Toli, P.S. - K. Hat (Maranga), Dist.- Purnea ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Binod 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 8(C)/21(b) of the N.D.P.S. Act.

3. According to the prosecution case, the petitioner is said to have been apprehended by police from whose possession, total 22 gram of brown sugar like substance 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 brown sugar like narcotic substance and the same is alleged to be 22 gram which does not

Patna High Court CR. MISC. No.82423 of 2023(2) dt.20-12-2023 2/2 come under purview of commercial quantity as per N.D.P.S. Act. It is further submitted 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 11.8.2023.

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 after framing of charge, if not framed in connection with K. Hat (Maranga) P.S. Case No. 942 of 2023 (Special Case No. 101 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 Special Judge, NDPS Act, Purnea. (Sunil Kumar Panwar, J) Amandeep/- U T