Patna High CourtCR. MISC./9079/2024bail granted

Sabin Ray @ Sabin v. The State Of Bihar

2024-02-20Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9079 of 2024 Arising Out of PS. Case No.-450 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== Sabin Ray @ Sabin Son Of Khadga Bahadur Ray Resident Of Village - Sundarpur, Ward No.- 4, P.S. - Belbari, District - Morang (NEPAL) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Santosh Singh, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Narpatganj (Basmatiya) P.S. Case No.450 of 2023 lodged under Sections 21C, 22, 23 of the N.D.P.S. Act.

3. As per the prosecution case, the F.I.R. has been lodged against two named accused persons including the petitioner against whom there is allegation that total 11 gram brown sugar has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that from the seizure list, it transpires that seizure list is absolutely defective as there is no signature of the petitioner.

Patna High Court CR. MISC. No.9079 of 2024(2) dt.20-02-2024 2/2

5. Counsel further submits that so far as the merit of this case is concerned, antecedent of the petitioner is clean and he is in custody since 03.08.2023 and it has also been mentioned that 11 gram brown sugar is above the small quantity, but less than the commercial quantity.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, nine months after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Sessions-cum- the Special Judge, N.D.P.S. Act, Araria in connection with Narpatganj (Basmatiya) P.S. Case No. 450 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T