Suraj Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86318 of 2023 Arising Out of PS. Case No.-736 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== Suraj Pandit Son Of Late Shrawan Pandit Resident Of Village - Nageswar Bagh, Khushkibag, Ps- Sadar, Dist- Purnia ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Bidhu Ranjan For the Opposite Party/s :

Mr. Murlidhar A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 8(c), 21(b) of N.D.P.S. Act.

As per the allegation in F.I.R, 14 grams of Brown Sugar (Smack) like narcotics substance and Rs. 1,00,300 cash have been recovered from the house of the petitioner.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.86318 of 2023(2) dt.11-01-2024 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner has no concern with the alleged recovered contraband. It is further submitted that seized currency was hard earned money of the petitioner. The alleged recovered Smack like narcotics substance is lesser than commercial quantity as per N.D.P.S. Act. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 28.08.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail, after framing of charge, if not framed in connection with Sadar P.S. Case No. 736 of 2023 on

Patna High Court CR. MISC. No.86318 of 2023(2) dt.11-01-2024 3/3 furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, N.D.P.S. Act, Purnia.

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