Ramlakhan Bin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2392 of 2025 Arising Out of PS. Case No.-403 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== Ramlakhan Bin Son of Rambachan Bin @ Ramavachan Prasad Resident of Village -Raipura, P.S. -Kateya, District -Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vyas Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Kateya PS Case No. 403 of 2024, dated 16-10-2024, instituted for the offence punishable under Sections 8, 20(B) II(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( in short ' the NDPS Act') .
3. 1.950 kg ganja is said to have been recovered from the beetle shop of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that petitioner is a handicapped person. It is further submitted that mandated provision of section 50 of the NDPS Act has not been complied by the police. There is no
Patna High Court CR. MISC. No.2392 of 2025(2) dt.05-02-2025 2/2 independent witness to the seizure list. The seized Ganja is less than commercial quantity. Lastly, it has been submitted that the petitioner is in custody since 17-10-2024 having no criminal antecedents.
5. Learned APP for the State has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of the learned Principal Sessions Judge, Gopalganj, in connection with Kateya PS Case No. 403 of 2024.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T