Ajay Chodhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8790 of 2023 Arising Out of PS. Case No.-661 Year-2022 Thana- BUXAR District- Buxar ====================================================== Ajay Chodhary Son Of Late Madan Chodhary R/O Village/Mohalla- Shanti Nagar, Ward No. 34, P.S.- Buxar (Town), District- Buxar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shree Kant Pandey For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 21, 22, 27, of the NDPS Act, 1985.

It is a case of recovery of total 11.48 gm heroine like intoxicating substance which was kept in 35 sachets placed in black coloured polythene from the possession of this petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery of total 11.48 gm heroine

Patna High Court CR. MISC. No.8790 of 2023(2) dt.17-04-2023 2/2 like intoxicating substance and the same is lesser than commercial quantity as per N.D.P.S. Act. It is further submitted that the seizure list has not been prepared as per Section 50 of the NDPS Act. Petitioner is languishing in judicial custody since 03.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Buxar Town P.S. Case No. 661 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District Judgecum-Special Court, NDPS Act, Buxar. (Sunil Kumar Panwar, J) Manish/- U T