Bhajan Meher v. The Union Of India Through Narcotic Control Bureau, Bihar.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25055 of 2023 Arising Out of PS. Case No.-14 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== Bhajan Meher S/O Late Purun Meher Resident Of Village And P.O.- Bahera, Palasa Pada, P.S.- Kokshar, District- Kalahandi (Orissa), Pin- 766103 ... ... Petitioner/s

Versus

The Union Of India Through Narcotic Control Bureau, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Kumar For the Union of India :

Mr. Manoj Kumar Singh, CGC Mr. Ankit Kumar Singh, J.C ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Union of India.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 8(c) read with 20(b)(ii)(c), 25, 29 of the N.D.P.S. Act.

There is recovery of 100.1 Kgs of Ganja from a truck and two persons namely Amarjeet Kumar Sharma and Rajiv Kumar Upadhayay were apprehended who confessed that this petitioner was the supplier of the

Patna High Court CR. MISC. No.25055 of 2023(4) dt.22-08-2023 2/3 seized Ganja.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name sprang up on the confessional statement of the driver of the seized vehicle which has no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner. The petitioner was not apprehended from the spot. The petitioner is neither owner of the vehicle nor he has any concern either with the accused persons or the seized contraband. The petitioner is languishing in custody since 07.02.2023.

Learned counsel appearing for the Union of India has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.25055 of 2023(4) dt.22-08-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, N.D.P.S-cum-1st Additional District & Sessions Judge, Aurangabad in connection with NCB Crime No. 14/2022, G.R. No. 17/2022.

(Sunil Kumar Panwar, J) Shageer/- U T