Patna High CourtCR. MISC./28559/2024bail granted

Sanjay Rai v. The State Of Bihar

2024-04-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28559 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- SALIMPUR District- Patna ====================================================== SANJAY RAI SON OF SAKAL DEV RAY RESIDENT OF MOHALLA - SAIDPUR TOLA, POLICE STATION - SALIMPUR, DISTRICT - PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Krishna Jha For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Salimpur P.S. Case No. 10 of 2024 instituted for the offences punishable under Sections 8, 20(B)(ii)(A) of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 110.71 Gm of Ganja from the possession of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner has no concern with the alleged recovery. The recovered contraband is below the commercial quantity. Hence Section 37 of the N.D.P.S. Act is not applicable in this present case. The petitioner

Patna High Court CR. MISC. No.28559 of 2024(2) dt.19-04-2024 2/2 is in custody since 20.01.2024 and has one criminal antecedent in which he is on bail. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the commercial quantity as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Salimpur P.S. Case No. 10 of 2024.

(Rudra Prakash Mishra, J) Arish/- U T