Patna High CourtCR. MISC./28022/2024bail granted

Raju Sah v. The State Of Bihar

2024-04-23Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28022 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- MANJHAGARH District- Gopalganj ====================================================== Raju Sah, Male aged about 34 years, Son of Bilas Sah, Resident of VillageShri Rampur Kolhua, P.S.- Manjhagarh, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Irshad Ahmad Khan, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Manjhagarh P.S. Case No. 62 of 2024 instituted for the offences punishable under Sections 21(a), 22(a) and 8 (C) of the N.D.P.S. Act.

3. As per the prosecution case, on search, 52 puriyas of Ganja total 110 gm has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. It is submitted that there is no recovery from the conscious possession of the petitioner. It is

Patna High Court CR. MISC. No.28022 of 2024(2) dt.23-04-2024 2/3 further submitted that alleged Ganja has been recovered from the shop of the petitioner and the shop is situated in open premises. Petitioner has got no criminal antecedent as stated in para 3 of the petition and is in custody since 28.02.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned Sessions Judge, Gopalganj dated 13.03.2024, it appears that the seized articles have been recovered from the shop of the petitioner and the shop is situated in open place. There is no any independent witness of the seizure list and the Ganja recovered is small quantity which does not come under commercial quantity, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, Gopalganj in connection with Manjhagarh P.S. Case No. 62 of 2024.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet

Patna High Court CR. MISC. No.28022 of 2024(2) dt.23-04-2024 3/3 has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

U T