Patna High CourtCR. MISC./83093/2023allowed

Jitendra Kumar v. The State Of Bihar

2024-01-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83093 of 2023 Arising Out of PS. Case No.-719 Year-2023 Thana- NAGAR District- Vaishali ====================================================== 1.

JITENDRA KUMAR S/ RAMNARAYAN RAI R/O VILLAGERAMBHADRA NAYA TOLA, P.S. HAJIPUR TOWN, DISTRICTVAISHALI 2.

RAMNARAYAN RAI S/O LATE RAMESHWAR RAI R/O VILLAGERAMBHADRA NAYA TOLA, P.S. HAJIPUR TOWN, DISTRICTVAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in a case registered for the offence punishable under sections 8(C), 21(b)/22 of NDPS Act.

3. Prosecution case relates to recovery of total 14.57 mg. Smack like substance from the pant pocket of both the petitioners.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this Case. No local person was made as a witness of the seizure list rather

Patna High Court CR. MISC. No.83093 of 2023(2) dt.02-01-2024 2/2 seizure list witnesses are police personnel. There is complete violation of provision of Section 50 of the NDPS Act. The recovered article comes below the small quantity. Petitioners have got no criminal antecedent and languishing in judicial custody since 14.09.2023.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. 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, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 719 of 2023.

(Sunil Kumar Panwar, J) sushma/- U