Patna High CourtCR. MISC./463/2024allowed

Suman Kumar v. The State Of Bihar

2024-01-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.463 of 2024 Arising Out of PS. Case No.-869 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Suman Kumar Son of Upendra Mandal R/o vill - Manikpur, ward no. 09, P.s. - Forbesganj (Simraha), Distt. - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Ravish For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 21(b) of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 40.5 gm smack like substance from the possession of co-accused Awan Kumar and one mobile phone from the possession of petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has been apprehended on spot. He submitted that the petitioner has no concern with the seized Smack. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.463 of 2024(2) dt.16-01-2024 2/2 conscious possession of the petitioner. He further submitted that the as alleged seized mobile belongs to the petitioner himself. Moreover, petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 15.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 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-cum-Special Judge, NDPS Act, Araria/concerned Court in connection with Forbesganj P.S. Case No. 869 of 2023.

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