Patna High CourtCR. MISC./123/2024allowed

Awan 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.123 of 2024 Arising Out of PS. Case No.-869 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Awan Kumar Son fo Parmeshwar Mandal @ Parmesvaree Mandal Resident of Pachira, Ward No. 08, Police Station- Raniganj, District 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.Sunil Kumar Pandey ====================================================== 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 section 21(b) of the NDPS Act.

3. Prosecution case relates to recovery of total 40.50 grams of smack like narcotics substance from altogether four accused persons including this petitioner.

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 smack does not come within the purview of commercial 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

Patna High Court CR. MISC. No.123 of 2024(2) dt.12-01-2024 2/2 is languishing in judicial custody since 15.09.2023.

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 after framing of charge if the charge is not framed in connection with Forbesganj (Simraha) P.S. Case No. 869 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 cum the Special Judge, NDPS Act, Araria.

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