Patna High CourtCR. MISC./16976/2024allowed

Rajdev Hazra v. The State Of Bihar

2024-05-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16976 of 2024 Arising Out of PS. Case No.-54 Year-2023 Thana- KANGLI District- West Champaran ====================================================== Rajdev Hazra Son Of Ramraj Hazra R/O-Sonebarsha, P.S.-Pathrahiya, Distt.- Parsa (Nepal) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2024 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 20, 22, 23, 24, 27 of the N.D.P.S. Act.

3. The petitioner is accused of possessing 13 kg of ganja-like substance and the same was recovered by the police after his arrest.

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 petitioner has no concern with the alleged recovery of ganja and the same does not come under purview of commercial quantity according to N.D.P.S. Act. It is also submitted that the police party has not

Patna High Court CR. MISC. No.16976 of 2024(3) dt.15-05-2024 2/2 followed the mandatory provision of Cr.P.C. while preparing the seizure list. Other co-accused person has already been enlarged on bail by this Court vide order dated 19.3.2024 passed in Cr. Misc. No. 82966 of 2023. The petitioner has got no criminal antecedent as stated para-3 of the bail petition and he is languishing in judicial custody since 30.8.2023.

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 period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kangli P.S. Case No. 54 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 District and Sessions Judge, West Champaran at Bettiah. (Sunil Kumar Panwar, J) sushma/- U