Rambabu Sahani @ Brahmdeo Raut Kurmi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29191 of 2021 Arising Out of PS. Case No.-23 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== RAMBABU SAHANI @ BRAHMDEO RAUT KURMI Son of Late Ramchandra Sahni @ Ramagya Raut Resident of Village- Madhubani (Dhore), P.S.- Pakhariya, District- Parsa (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mrs. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 8, 20 (b) (ii) (c), 23 and 29 of the N.D.P.S. Act.

As per the prosecution case, 14.9 Kg of Ganja has been recovered from the possession of the petitioner. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. It is submitted that mandatory provision with regard to search and seizure has not been followed and since the recovered quantity of narcotic

Patna High Court CR. MISC. No.29191 of 2021(3) dt.29-11-2021 2/2 substance is less than commercial quantity, rigours of Section 37 of the NDPS Act could not be attracted against this petitioner. It is also submitted that charge has already framed in this case. Petitioner claims clean antecedent and is in custody since 03.12.2019 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail and submits that more than small quantity of Ganja has been recovered from the possession of the petitioner. Considering the facts of the case and the period of custody of the petitioner and the fact that charge has already framed in this case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-III, East Champaran, Motihari in connection with NDPS case No. 82/2019, arising out of NCB case No. NCB/PZU/V/23/2019.

(Prabhat Kumar Singh, J) BKS/- U T