Narayan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16573 of 2023 Arising Out of PS. Case No.-277 Year-2022 Thana- SHEOHAR District- Sheohar ====================================================== Narayan Tiwari Son Of Late Shankar Tiwari, R/O Mohalla Sheohar Ward No. 4, P.S and Distt.- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-05-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with N.D.P.S Case No. 08 of 2022 (arising out of Sheohar P.S. Case No. 277 of 2022) dated 09.09.2022 lodged under Sections 8, 20(B)IIA of the N.D.P.S. Act.

As per the prosecution case, the recovery of total 182 gram of ganja has been made from possession of the petitioner, therefore, this case has been lodged against him under the N.D.P.S. Act.

Learned counsel for the petitioner submits that the recovered ganja is less than the small quantity. Counsel for the petitioner further submits that the petitioner is the unmarried person and dedicated his life to the temple and pooja-path but on the instance of land grabbers of the locality, the name of the petitioner has been figured in this case under conspiracy.

Patna High Court CR. MISC. No.16573 of 2023(2) dt.10-05-2023 2/2 Counsel for the petitioner further submits that the antecedent of the petitioner is clean and he is running a school, if the petitioner is not being released life of the students reading in his school shall badly hamper. He further submits that petitioner is in custody since 10.09.2022.

Learned counsel for the State opposes the prayer for bail but on the other hand submits that the recovered ganja is less than small quantity.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Sheohar in connection with N.D.P.S Case No. 08 of 2022 (arising out of Sheohar P.S. Case No. 277 of 2022), subject to the conditions as laid down under Section 437(3) of Cr.P.C..

With this observation, the bail application stands allowed.

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