Saroj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4080 of 2024 Arising Out of PS. Case No.-523 Year-2023 Thana- PARSABAZAR District- Patna ====================================================== Saroj Kumar S/O Sant Lal Rai R/O Mohanpur, P.S- Raghopur, Distt- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 8, 20(b)(ii)(B) of the N.D.P.S Act.

There is recovery of 10.230 Kgs of Ganja from the possession of the petitioner and co-accused Hare Ram Rai.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the seized Ganja or the motorcycle. Moreover, the seized contraband does

Patna High Court CR. MISC. No.4080 of 2024(2) dt.06-02-2024 2/2 not come within the purview of commercial quantity. The petitioner is languishing in custody since 11.10.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail after framing of charge, if the charge has still not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, N.D.P.S, Patna in connection with Parsa Bazar P.S. Case No. 523 of 2023.

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