Patna High CourtCR. MISC./17324/2024bail rejected

Gyani Mukhiya v. The State Of Bihar

2024-03-14Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17324 of 2024 Arising Out of PS. Case No.-56 Year-2022 Thana- BAJPATTI District- Sitamarhi ====================================================== Gyani Mukhiya S/o Ramnath Mukhiya R/o vill - Lalpur, P.S. - Runnisaidpur, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritesh Singh, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Bajpatti P.S. Case No. 56 of 2022, lodged on 07.03.2022, under Sections 8(c)/20(b)(ii)(B) of the N.D.P.S. Act.

3. As per the prosecution, total recovery of 10 Kgs. of Ganja has been the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the amount of Ganja recovered from the possession of the petitioner is much below than the commercial quantity but higher than the small quantity. The petitioner is in custody since 02.01.2024 and is accused in one more criminal case, in which he is on bail.

Patna High Court CR. MISC. No.17324 of 2024(2) dt.14-03-2024 2/2

5. Learned counsel for the State opposes the prayer for bail.

6. Upon the specific query of the Court that whether charges have been framed or not. Counsel for the petitioner submits that as per his knowledge charges have been framed.

7. In this background, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected. However, liberty is granted to the petitioner that he may renew the prayer for bail three months after framing of the charges.

(Dr. Anshuman, J) Mkr./- U T