Suresh Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33236 of 2021 Arising Out of PS. Case No.-731 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== SURESH PASI Son of Late Dinanath Pasi @ Devnath Pasi Resident of Village - Bari Bazar Mohania, Ward no.12, P.S.- Mohania, Distt.- Kaimur (Bhabua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with NDPS Case No. 44 of 2020 arising out of Bhabhua P.S. Case No. 731 of 2020, dated 12.11.2020 instituted for the offences under Sections 8, 21(b), 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Learned counsel for the petitioner submits that the petitioner is in custody since 13.11.2020, is a person with clean antecedent and charge-sheet has been submitted in this case. Allegation is of recovery of 6000 mg. i.e. 6 gram of Charas from the house of petitioner.

Patna High Court CR. MISC. No.33236 of 2021(2) dt.10-01-2022 2/2 Learned counsel for the petitioner submits that admittedly the small quantity is five gram and commercial quantity is 250 gram and the recovery is just a little more than the small quantity.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 13.11.2020, charge-sheet has been submitted in this case and the petitioner is a person with clean antecedent let the petitioner above named be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, NDPS Act, Kaimur at Bhabhua in connection with NDPS Case No. 44 of 2020 arising out of Bhabhua P.S. Case No. 731 of 2020, with condition that one of the bailors shall be the wife of the petitioner. (Satyavrat Verma, J) Kundan/- U T