Patna High CourtCR. MISC./17175/2024allowed

Sudama Rai v. The State Of Bihar

2024-03-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17175 of 2024 Arising Out of PS. Case No.-634 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== Sudama Rai Son of Rekha Rai Resident of Mohalla- Chhatauni Bazar New Mohalla, Motihari P.S.- Chhatauni, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8 and 20(b) of the NDPS Act.

3. Prosecution case relates to recovery of 237 grams of ganja like intoxicating substance from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The recovered ganja like substance does not come within the purview of commercial quantity as per NDPS Act. Moreover, the petitioner is languishing in judicial custody since 24.12.2023.

Patna High Court CR. MISC. No.17175 of 2024(2) dt.14-03-2024 2/2

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Chhatauni P.S. Case No. 634 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge, East Champaran, Motihari.

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