Ashok Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35388 of 2021 Arising Out of PS. Case No.-82 Year-2021 Thana- BANIAPUR District- Saran ====================================================== Ashok Ojha S/O- Late Subhash Ojha R/O Village - Dhangarha, P.S. - Baniapur, District - Saran At Chapra.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State through video conferencing. The petitioner seeks bail in connection with N.D.P.S. Case No.08 of 2021 arising out of Baniapur P. S. Case No.82 of 2021, instituted for the offences under Sections 8, 20, 22, 23 of the N.D.P.S. Act, 1985.

The learned counsel for the petitioner submits that the petitioner is in custody since 24.03.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of recovery of 350 grams of Ganja and Rs.9,000/- from the petitioner.

The learned counsel for the petitioner submits that petitioner has been falsely implicated and even assuming what

Patna High Court CR. MISC. No.35388 of 2021(2) dt.10-01-2022 2/2 has been alleged in the F.I.R. is true, then the alleged recovery is less than the small quantity and the petitioner has clean antecedent.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 24.03.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, Saran at Chapra in connection with N.D.P.S. Case No.08 of 2021 arising out of Baniapur P. S. Case No.82 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T