Prabhas Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6327 of 2023 Arising Out of PS. Case No.-325 Year-2020 Thana- CHAKIA District- East Champaran ====================================================== PRABHAS SHARMA S/O GARESH SHARMA Resident of VillageLalbandi, P.S.- Lalbandi, District- Sarlai (Nepal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2023 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, 22 and 24 of the N.D.P.S. Act.

As per prosecution case, there has been recovery of 26.434 Kg of Charas from the dickey of a white Swift Car. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is neither named in the FIR nor arrested on spot. He submitted that the petitioner has no concern with the seized Charas like substance as well as vehicle in question. Nothing incriminating article has been recovered from the conscious possession of the petitioner. On the basis of

Patna High Court CR. MISC. No.6327 of 2023(3) dt.05-07-2023 2/2 suspicion, the petitioner has remanded in the present case from another case. He is languishing in judicial custody since 30.06.2021.

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 as well as period of custody, 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 Court concerned in connection with Chakia P.S. Case No. 325 of 2020.

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