Sujit Kumar v. The Narcotics Cotrol Bureau Patna Through Its Intelligence Officer, Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89 of 2024 Arising Out of PS. Case No.-693 Year-2023 Thana- MANER District- Patna ====================================================== Sujit Kumar son of Suryadeo Rai Resident of Village- Musepur, P.S.- Bihta, District- Patna, At present Rajputana, Yarpur, P.S.- Gardanibagh, DistrictPatna. ... ... Petitioner/s

Versus

The Narcotics Cotrol Bureau Patna through its intelligence officer, Union of India Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Usha Kumari Singh For the Opposite Party/s :

Mr. Anshuman Singh, Sr. S.C, U.O.I Mr. Ranjay Kumar ====================================================== 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 8(c) and 20(b) of the NDPS Act.

3. Prosecution case relates to recovery of 19.5 grams of smack like intoxicating substance from altogether five accused persons including this petitioner and from the possession of this petitioner, 1.21 grams out of total has been recovered.

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.89 of 2024(2) dt.12-01-2024 2/2 falsely been implicated in this case. Only 1.21 grams of smack has been recovered from the possession of this petitioner and the the said narcotics does not come within the purview of commercial quantity as per NDPS Act. There is no independent witness of the seizure list rather they are police personnel. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 23.09.2023.

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 in connection with Maner P.S. Case No. 693 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 Additional Sessions Judge-10th-cum-Special Judge, Patna.

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