Mohammad Raju @ Raju Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23406 of 2023 Arising Out of PS. Case No.-608 Year-2022 Thana- JAGDISHPUR District- Bhojpur ====================================================== Mohammad Raju @ Raju Miya Son of Jamil Miya R/V- Raja Ke Pokhar, Ward no. 3 Jagdishpur , PS- Jagdishpur Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 22 of the N.D.P.S. Act. The prosecution case relates to recovery of total 1kg 300 grm. Ganja like substance from the possession and house of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The provision of N.D.P.S. Act has not been followed in this case. The alleged recovery of ganja from possession of the petitioner has not come within the purview of commercial quantity. The seizure list has not been prepared u/s 100 of Cr.P.C. It is also submitted that petitioner is languishing

Patna High Court CR. MISC. No.23406 of 2023(3) dt.20-07-2023 2/2 in judicial custody since 09.12.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Jagdishpur P.S. Case No. 608 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-13, Bhojpur at Ara. (Sunil Kumar Panwar, J) lata/- U T