Om Prakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37698 of 2024 Arising Out of PS. Case No.-428 Year-2023 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Om Prakash Sah Son of Late Arjun Sah Resident of Warsaliganj, Police Station - Mojahidpur (Babarganj), District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-06-2024 Heard Mr. Praveen Kumar, learned counsel for the petitioner and Mr. Uday Chand Prasad, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Mojahidpur (Babarganj) P.S. Case No.428 of 2023 dated 27.12.2023, registered for the offence(s) punishable under Sections 8, 20(b), 11, 22(a) of the N.D.P.S. Act.

3. As per the allegation made in the F.I.R., 350 gram of Ganja has been recovered from the general store of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case. He further submits that the quantity of 350 gram of Ganja is less than small quantity and petitioner is not responsible for the said Ganja which was recovered from the

Patna High Court CR. MISC. No.37698 of 2024(2) dt.26-06-2024 2/2 general store of the petitioner. Petitioner has criminal antecedent of one case, informed in paragraph 3 of the bail application.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the F.I.R. as well as, the quantity being less than small quantity, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail-bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bhagalpur, in connection with Mojahidpur (Babarganj) P.S. Case No. 428 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. and subject to further condition that one of the bailor will be responsible person of the residential area where the petitioner resides.

7. The bail application stands disposed of.

(Purnendu Singh, J) sanjeev/-ravi/- U T