The court granted regular bail to the petitioner in an NDPS case involving recovery of brown sugar from a co-accused, directed upon furnishing a bond with two sureties.
Release of petitioner on bail of Rs. 10,000 with two sureties of equal amount to the Special Judge, NDPS Act, Purnea.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6708 of 2023
Arising Out of PS. Case No.-1199 Year-2022 Thana- KHAJANCHI HAT District- Purnia
======================================================
VISHWAJEET SAHA @ BISHWAJEET SAHA S/o Late Paritosh Saha R/o Madhubani Colony, P.S.- K. Hat, Distt- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Md Fazle Karim For the Opposite Party/s : Mr.Sucheta Yadav ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 11-05-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(c)/21(b) of the N.D.P.S. Act.
As per FIR, prosecution case relates to recovery of 7
gram Brown sugar (Smack) from possession of co-accused Kunal Kumar and this petitioner is said to have engaged in illegal business of narcotic substance.
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 petitioner has no concern with the alleged recovery of smack like narcotic substance (brown sugar) or with co-accused persons. It is further
Patna High Court CR. MISC. No.6708 of 2023(3) dt.11-05-2023 2/2
submitted that only one mobile phone was recovered from possession of this petitioner and the same belongs to him. During course of seizing, police have not complied the provision of N.D.P.S. Act. It is further submitted that the petitioner is languishing in judicial custody since 11.11.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
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 K. Hat P.S. Case No. 1199 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, N.D.P.S. Act, Purnea.
(Sunil Kumar Panwar, J)
Amandeep/-
U T
1 issue framed by the court
Whether the petitioner should be released on regular bail in a narcotics case.
Vishwajeeet Saha @ Bishwajeet Saha
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
