Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11112 of 2023 Arising Out of PS. Case No.-36 Year-2021 Thana- NARDIGANJ District- Nawada ====================================================== SANJEEV KUMAR S/o Late Brijnandan Singh R/o Village- Hanriya, P.S.- Nardiganj, Distt- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2023 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 8(b)(c)/ 20(a)(b) of the N.D.P.S. Act.

As per prosecution case, the police get information about illegal cultivation of ganja plant and reached behind the house of petitioner. Upon search, four large green plant of ganja was recovered behind the house of the petitioner and he is said to escape from the place of occurrence after seeing the police. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case only on the basis of suspicion. A statement has been made in para-3 of the petition

Patna High Court CR. MISC. No.11112 of 2023(2) dt.20-04-2023 2/2 that the petitioner has got no criminal antecedent. The petitioner has no concern with the alleged recovery of ganja plant. Neither the petitioner was apprehended on spot nor anything has been recovered from his conscious possession. It is further submitted that the provision of N.D.P.S. has not been followed. Moreover, the petitioner is languishing in judicial custody since 8.9.2022. 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 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nardiganj P.S. Case No. 36 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Nawada.

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