Awdhesh Ram @ Avadhesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6872 of 2024 Arising Out of PS. Case No.-405 Year-2023 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Awdhesh Ram @ Avadhesh Ram Son of Late Deonath Ram R/O-Ramgarh Ward No. 8, P.S.-Ramgarh, Distt.-Kaimur At Bhabhua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kiran Kumarisharma, Adv.

For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ramgarh P.S. Case No. 405 of 2023 instituted for the offences under Sections 8(c)/20(b) (ii)B/27A/29 of the N.D.P.S. Act.

3. As per prosecution case, the police, on receipt of secret information, made a raid at the place of occurrence where the accused was performing the work of show-making. On seeing the police, he tried to flee away from there but, was apprehended by the police. He disclosed his name as Awdhesh Ram/ the petitioner. On search, the police recovered Ganja weighing 01 KG wrapped in a plastic paper and seized the same.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.6872 of 2024(2) dt.13-02-2024 2/2 present case. The petitioner is a poor shoe-maker. He submits that the quantum of the seized Ganja comes under the category of small quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Section 42 and 50 of the N.D.P.S. Act. The petitioner has no criminal antecedent and is languishing in judicial custody since 19.10.2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ramgarh P.S. Case No. 405 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T