Aaditya Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84220 of 2023 Arising Out of PS. Case No.-919 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Aaditya Anand SON OF LATE MADNESH PRASAD YADAV R/O VILLAGE- RAM BAGH DRIVER TOLA, P.S.- SADAR, DIST.- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

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.

According to F.I.R., it is a case of recovery of total 9.70 gram smack (brown sugar) and Indian currency of Rs. 4760/- and mobile from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner has no concern with the alleged recovery and recovered 9.70 gram brown sugar is more than small quantity and less than commercial quantity. The police has not complied the mandatory provision of Section

Patna High Court CR. MISC. No.84220 of 2023(2) dt.08-01-2024 2/2 50 of the N.D.P.S. Act It is further submitted that the petitioner has got no criminal antecedent and languishing in judicial custody since 05.08.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, 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 released on bail in connection with K.Hat P.S. Case No. 919 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 Additional Special Judge (N.D.P.S. Act), Purnea. (Sunil Kumar Panwar, J) lata/- U T