Patna High CourtCR. MISC./24374/2023bail granted

Ram Nath Sah @ Bhandari v. The State Of Bihar

2023-05-18Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24374 of 2023 Arising Out of PS. Case No.-816 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Ram Nath Sah @ Bhandari, Son of Ram Lakhan Sah, R/O Village- Jagdamba Nagar, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate Mr. Purushottam Kumar, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Kanti P.S. Case no. 816 of 2022 registered under section 414 of the Indian Penal Code, section 8/20(b)(ii)(C) of the N.D.P.S Act and sections 25(1-B) (a), 26 and 35 of the Arms Act.

3. As per the prosecution case, it is stated by the informant that on accused persons being stopped and searched, 26 kgs of Ganja was recovered from one motorcycle on which Manish Kumar, Rahul Kumar and Niranjan Kumar were seated. On the other motorcycle being searched on which the petitioner and one Rohit @ Md. Tauhid were seated a loaded pistol with two live cartridges were recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.24374 of 2023(2) dt.18-05-2023 2/2

4. Learned counsel for the petitioner submits that so far as the case under the N.D.P.S Act is concerned, no narcotic substance has been recovered from the petitioner's possession who is in custody since 28.11.2022 and charge-sheet has been submitted in the case.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R, the petitioner having remained in custody for 5 months since 28.11.2022 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Kanti P.S. Case no. 816 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 Additional Sessions Judge IIIrd -cum- Special Judge, N.D.P.S. Act, Muzaffarpur.

(Partha Sarthy, J) avinash/- U T