Adarsh Raj @ Adarsh Raj Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26885 of 2023 Arising Out of PS. Case No.-59 Year-2023 Thana- NAGAR District- Vaishali ====================================================== Adarsh Raj @ Adarsh Raj Chauhan Son Of Vidya Nand Sing @ Britta Nand Singh, Gender-Male, Aged about 22 years, Resident of Mohalla - Prabhunath Nagar (Dahiyawan Tola), P.S. - Mufasil, Distt. - Saran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sanjay Kumar Singh, Advocate For the Opposite Party :
Mr. Uday Pratap Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Hajipur Town P.S. Case No. 59 of 2023 dated 23.01.2023, instituted for the offence punishable under Sections 8(c), 21(b) and 22 of the N.D.P.S. Act.
3. Allegation against the petitioner is of recovery of 10.860 grams of smack like substance from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the seizure list was prepared without following the norms provided under Section 100 of the
Patna High Court CR. MISC. No.26885 of 2023(2) dt.24-05-2023 2/2 Criminal Procedure Code. It is further submitted that 10.860 grams of smack like substance is more than small quantity and much below the commercial quantity. It is also submitted that the petitioner is a student and pursuing his bachelor degree. Petitioner has no knowledge about the seized articles. Lastly, it has been submitted that the petitioner is in custody since 25.01.2023 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, Vaishali at Hajipur in Hajipur Town P.S. Case No. 59 of 2023. (Khatim Reza, J) Gaurav Kumar/- U T