Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15882 of 2024 Arising Out of PS. Case No.-121 Year-2023 Thana- VALMIKINAGAR District- West Champaran ====================================================== Suraj Kumar S/o Sita Ram Sah R/o Village- Lavkush Ghat, Ward No. 1, P.S.- Valmikinagar, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Adv.
For the State :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8/20 (b)(ii)(B) of the N.D.P.S. Act.
3. As per prosecution case, there has been recovery of 1.014 Kg Ganja from the bag of the petitioner.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized Ganja. He submitted that seized Ganja like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. He further submitted that petitioner
Patna High Court CR. MISC. No.15882 of 2024(2) dt.12-03-2024 2/2 has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 16.12.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, NDPS, Bettiah, West Champaran in connection with Valmikinagar P.S. Case No. 121 of 2023. (Sunil Kumar Panwar, J) Arish/- U T