Patna High CourtCR. MISC./17241/2023bail granted

Anil Ray v. The State Of Bihar

2023-05-16Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17241 of 2023 Arising Out of PS. Case No.-25 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Anil Ray Son Of Sagar Ray R/O Village- Jurawanpur, P.S.- Raghopur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Mohan Tripathi, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Kochadhaman P.S. Case No. 25 of 2023 instituted for the offence punishable under Sections 8/20(b) (ii), B/22/23/29 of the N.D.P.S. Act.

3. As per the prosecution case, on receiving a secret information, the police party started searching and there has been recovery of 4.100 kg Ganja from the bag of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he is falsely implicated in this case. It is further submitted that petitioner has no concern with the seized Ganja. He further submitted that Seized Ganja like substance does not come within the purview of commercial

Patna High Court CR. MISC. No.17241 of 2023(2) dt.16-05-2023 2/2 quantity as per N.D.P.S. Act. It is further submitted that a similarly situated co-accused namely, Abhiraj Kumar Singh@ Raja Kumar Singh has been granted bail by a Co-ordinate Bench of this Court vide Order dated 29.04.2023 passed in Criminal Miscellaneous No. 16294 of 2023. Lastly, it has been submitted that the petitioner is in custody since 22.01.2023 having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cumSpecial Judge (N.D.P.S. Act), Kishanganj in Kochadhaman P.S. Case No. 25/2023.

(Khatim Reza, J) sankalp/- U T