Patna High CourtCR. MISC./322/2024allowed

Nilesh Kumar v. The State Of Bihar

2024-01-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.322 of 2024 Arising Out of PS. Case No.-1234 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== Nilesh Kumar SON OF LAKHAN DANGI R/O OF VILLAGE GANGPUR GIDHAUR-PS, -GIDHAUR-DIST. CHATRA- STATE- JHARKHAND ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 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 20(ii)(c), 22(c) of the N.D.P.S. Act.

3. The prosecution story, in brief, is that the police party reached near Piparghati Pool at GT road after getting secret information then the accused persons including the petitioner tried to flee away but they were arrested on spot. Upon search, 735 gram brown sugar like substance was recovered from co-accused Guddu Kumar. Apprehended persons disclosed the name of the petitioner as their associate.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.322 of 2024(2) dt.12-01-2024 2/2 falsely been implicated in this case. The petitioner has no concern with the alleged recovery of contraband substance which has been seized from vehicle of co-accused. Neither he was arrested on spot nor any incriminating article has been recovered from conscious possession of this petitioner or his motorcycle. The petitioner is languishing in judicial custody since 25.8.2023. Co-accused Jeetendra Kumar Rikiyasan was already enlarged on bail granted by this court vide order dt. 25.4.2023 passed in Cr. Misc. No. 13424 of 2023.

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

6. Considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sherghati (Dhobi) P.S. Case No. 1234 of 2022 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, N.D.P.S. Act, Gaya.

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