Patna High CourtCR. MISC./10137/2024bail granted

Sanjay Kumar Bhagat v. The State Of Bihar

2024-02-22Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10137 of 2024 Arising Out of PS. Case No.-589 Year-2023 Thana- BIHPUR District- Bhagalpur ====================================================== Sanjay Kumar Bhagat SON OF LATE TRIVENI BHAGAT Village-sahpur Choudhaddi, P.S.- Bihpur (Bhawanipur O.P.), Dist -Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Rashmi, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bihpur (Bhawanipur O.P.) P.S. Case no. 589 of 2023 registered under sections 8 and 20(b)(II)(B) of the N.D.P.S Act.

3. As per the prosecution case, 5kgs of ganja was recovered from the verandah of house of the petitioner.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession or his house. He has been falsely implicated in the case. The alleged recovery is below the commercial quantity. It is submitted that the alleged place of recovery is an open place accessible to all. The petitioner is in custody since 22.9.2023

Patna High Court CR. MISC. No.10137 of 2024(2) dt.22-02-2024 2/2 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the petitioner having remained in custody for five months since 22.9.2023, charge-sheet having been submitted in the case and the petitioner not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Bihpur (Bhawanipur O.P.) P.S. Case no. 589 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Sessions Judge, Bhagalpur.

(Partha Sarthy, J) Harsh/- U T