Rafiuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8281 of 2024 Arising Out of PS. Case No.-484 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Rafiuddin Wife of Mohammad Alam Resident of Village- Shirpur Bazar Ward No. 2 PS- Sugauli, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar, Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sugauli P.S. Case No. 484 of 2023 instituted for the offences under Sections 8, 20(b) (ii) (C) of the N.D.P.S. Act..

3. As per prosecution case, the police, has recovered 475 Grams Ganja from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to village enmity. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner rather the same has been found from the house. The petitioner has no concern with the seized article.

Patna High Court CR. MISC. No.8281 of 2024(2) dt.19-02-2024 2/2 He further submits that till today, the F.S.L. report has not come but, even then, the Informant has declared the substance as Ganja. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The quantity of Ganja recovered is less than the 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 is languishing in judicial custody since 10.11.2023.

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 quantity of Ganja recovered 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 Sugauli P.S. Case No. 484 of 2023. (Rudra Prakash Mishra, J) rishi/- U T