Saryug Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16240 of 2023 Arising Out of PS. Case No.-49 Year-2022 Thana- NARDIGANJ District- Nawada ====================================================== SARYUG CHAUHAN Son of Dhanraj Chouhan R/o Channa Chatar, P.sNardiganj, Distt- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 8(b)(c)/ 20(a)(b) of NDPS Act.

Prosecution case relates to recovery of three plants of ganja, (weighing about 9 kg.) which were cultivated in the courtyard of the house of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The seizure list is manipulated by the police in connivance and they have not complied the mandatory provision of Section 50 of the NDPS Act. Recovery of 9 kg ganja has to be shown from the house of the petitioner, which comes below

Patna High Court CR. MISC. No.16240 of 2023(2) dt.29-04-2023 2/2 the commercial quantity. Petitioner has no criminal antecedent and he is languishing in judicial custody since 11.11.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. 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 1st Additional Sessions Judge, Nawada in connection with NDPS Case No. 01 of 2023 arising out of Nardiganj P.S. Case No. 49 of 2022.

(Sunil Kumar Panwar, J) sushma/- U