Mukesh Kumar @ Mukesh Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85618 of 2023 Arising Out of PS. Case No.-105 Year-2023 Thana- HATHIDAH District- Patna ====================================================== MUKESH KUMAR @ MUKESH KUMAR JHA SON OF RAMA KANT JHA R/O VILLAGE- PANCHGAMA, P.S.- ROSARA, DIST.- SAMASTIPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 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 8/20(b) (ii) (B) of the N.D.P.S. Act.

The prosecution case relates to recovery of total 98 gram opium narcotic substance 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 the present case due to high handedness of the police officials. The petitioner has no concern with the alleged recovery of opium and the same was lesser than

Patna High Court CR. MISC. No.85618 of 2023(2) dt.15-01-2024 2/2 commercial quantity as per N.D.P.S. Act. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 09.10.2023. 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, 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 Hathidah P.S. Case No. 105 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 District and Sessions Judge-cum Special Judge, NDPS, Act, Patna.

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