Allowed

Nitish Kumar v. The State of Bihar

Patna HC8 May 2023CR. MISC./5961/2023

Case brief

AI extract

What is this about?

The High Court of Patna granted regular bail to the petitioner in connection with an NDPS case involving possession of psychotropic substances. The petitioner was released upon furnishing bail bonds and complying with the standard conditions of bail.

What did the court decide?

Allowing the petition for bail, the petitioner is released on bail bonds of Rs. 10,000 with two sureties of the like amount each.

Nitish Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5961 of 2023

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Arising Out of PS. Case No.-539 Year-2022 Thana- PHULWARISHARIF District- Patna

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======================================================

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NITISH KUMAR Son of Sri Manoj Kumar @ Manoj Mehta Resident of mohallah - Ramnagar, Bocha-chak, Janipur, P.S.- Phulwarisharif, District - Patna, Bihar - 801505

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... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Prabha Mishra For the Opposite Party/s : Mr.Rajendra Nath Jha ======================================================

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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2 08-05-2023

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Heard learned counsel for the petitioner as well as learned APP for the State.

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In this case, the petitioner is seeking regular bail in connection with Phulwarisharif P.S. Case No. 539 of 2022, corresponding to Special Case No. 71 of 2022 and NDPS Case No. 95 of 2022, registered for the offences punishable under Sections 8(c), 21(b) of the NDPS Act.

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As per allegation, the petitioner along with coaccused Md. Amir used to sell psychotropic substances. From their possession, 9.46 gm of smack was recovered.

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The learned counsel for the petitioner has submitted that he is innocent and has falsely been implicated in this case. He is not involved in any other case of similar nature. He has submitted further that co-accused Md. Amir has been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 59490 of 2022. The petitioner is under custody since 22.05.2022.

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Patna High Court CR. MISC. No.5961 of 2023(2) dt.08-05-2023 2/2

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Considering the above-mentioned facts and circumstances clean antecedents as well as the period of detention, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge XXV cum Special Judge N.D.P.S. Act, Patna in connection with Phulwarisharif P.S. Case No. 539 of 2022, corresponding to Special Case No. 71 of 2022 and NDPS Case No. 95 of 2022, subject to the following conditions:-

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(i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

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(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

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(Nawneet Kumar Pandey, J)

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Kundan/Nirmal U T

Nitish Kumar v. The State of Bihar

Case brief

What is this about?

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Nitish Kumar v. The State of Bihar

Case brief

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