Patna High CourtCR. MISC./85664/2023allowed

Amit Kumar Sonar @ Amit Soner v. The State Of Bihar

2024-01-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85664 of 2023 Arising Out of PS. Case No.-235 Year-2023 Thana- BAHADURGANJ District- Kishanganj ====================================================== Amit Kumar Sonar @ Amit Soner S/o- Prakash sonar Resident of Tegharia Sonar Basti, Ward No. -07, P.S.- Kishanganj, District - Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amal Kumar Sinha For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 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, 20(b)(ii) (B) of the NDPS Act.

3. Prosecution case relates to recovery of 5.842 kg of ganja like intoxicating substance from a bag which was kept on top of the luggage rack of the bus and from the pocket of this petitioner, 4 grams of ganja like intoxicating substance has been 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 recovered ganja from the pocket of this petitioner comes below the commercial

Patna High Court CR. MISC. No.85664 of 2023(2) dt.11-01-2024 2/2 quantity as per NDPS Act. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 13.07.2023.

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 the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bahadurganj P.S. Case No. 235 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 Act), Kishanganj.

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