Patna High CourtCR. MISC./17508/2023bail granted

Amit Raj v. The State Of Bihar

2023-04-25Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17508 of 2023 Arising Out of PS. Case No.-550 Year-2022 Thana- DIGHA District- Patna ====================================================== Amit Raj, Son of Shiv Balak Paswan, Resident of Bans Kothi, Gate No.93, P.S.- Digha, District- Patna .. ... Petitioner/s

Versus

The State of Bihar 2.

Union of India Through Ministry Of Home Affairs International Security, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Mohan, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP For the U.O.I.

Mr. Manoj Kumar Singh, CGC Mr. Ankit Kumar Singh JC to CGC Mr. Prabhat Kumar, JC to CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-04-2023

1. Heard learned counsel for the petitioner, learned counsel for the Union of India and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Special Case No. 147 of 2022 arising out of Digha P.S. Case No. 550 of 2022 dated 19.08.2022 registered for the offences punishable under Sections 8(c) and 21(b) of N.D.P.S. Act.

3. The main submissions advanced by the learned counsel for the petitioner are that as per the seizure memo a total 14 small packets containing the alleged contraband namely 'Brown Sugar' were allegedly recovered from the possession of this petitioner and co-accused Arun Kumar but only 6 packets

Patna High Court CR. MISC. No.17508 of 2023(2) dt.25-04-2023 2/3 containing the said material was allegedly recovered from the possession of this petitioner and the said narcotic materials comes in the purview of small quantity in respect of the recovery made from the conscious possession of the petitioner and moreover the petitioner is a young person having fair and clean antecedent and the witnesses of the recovery of the alleged contraband are official persons and the petitioner has been languishing in jail since 20.08.2022.

4. Learned APP appearing for the State as well as learned counsel appearing for the Union of India have vehemently opposed the bail prayer and submitted that there is serious allegation against the petitioner and the seized narcotic material comes in the purview of greater than small quantity for which there is serious punishment in the N.D.P.S. Act.

5. Considering the above submissions and mainly the quantity of the alleged contraband and petitioner's fair and clean antecedent and his young age, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail in connection with Special Case No. 147 of 2022 arising out of Digha P.S. Case No. 550 of 2022 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.17508 of 2023(2) dt.25-04-2023 3/3 satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U