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Patna High CourtCR. MISC./4416/2023allowed

Raj Narayan Rai v. The State Of Bihar

2023-06-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4416 of 2023 Arising Out of PS. Case No.-782 Year-2022 Thana- SONEPUR District- Saran ====================================================== RAJ NARAYAN RAI S/o Late Rajendra Rai R/o Village- Sabalpur Chaharam, P.S.- Sonepur, Distt- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 20 and 21 of the N.D.P.S. Act.

As per prosecution case, on secret information received, police party raided the shop of the petitioner, on search there has been recovery of 7 gram Smack like substance from the pocket of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized smack. He submitted that seized smack like substance does not come within the purview of commercial

Patna High Court CR. MISC. No.4416 of 2023(3) dt.20-06-2023 2/2 quantity as per N.D.P.S. Act. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 13.10.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Saran at Chapra in connection with Sonepur P.S. Case No. 782 of 2022.

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