Parwej Das @ Parvesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15586 of 2024 Arising Out of PS. Case No.-220 Year-2023 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Parwej Das @ Parvesh Das Son of Shankar Das Resident of VillageBhikhanpur Gumati No.-02, Harijan Tola, Police Station- Ishakchak, DistrictBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Dilip Kumar, Advocate For the State :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ishachak P.S. Case No. 220 of 2023 instituted for the offences under Sections 21(1) (b) & 22 of the NDPS Act. 3.

Prosecution case in short is that there is recovery of total 7.9 grams of brown sugar like substance and Rs. 4,150/- from the possession of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.15586 of 2024(2) dt.12-03-2024 2/2 possession of the petitioner. Learned counsel for the petitioner further submits that petitioner has no concern with the alleged recovery. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 09-112023 and has got six criminal antecedents. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, recovered quantity is below commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner 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 Ishachak P.S. Case No. 220 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T