Kamakhya Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41076 of 2021 Arising Out of PS. Case No.-237 Year-2020 Thana- HASPURA District- Aurangabad ====================================================== KAMAKHYA GIRI S/O LATE INDRADEO GIRI R/O VILLAGESHANKARPUR, P.S- HASPURA, DISTRICT-AURANGABAD. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 8 (5D) and 20(b) of the NDPS Act.

As per the prosecution case, 3.3 kgs of ganja, Rs. 14430/- besides other article were recovered from the house of the petitioner and the petitioner was taken into custody. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has been falsely implicated in the case. He is in custody sine 13.12.2020 and charge sheet has been submitted. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the quantity of the

Patna High Court CR. MISC. No.41076 of 2021(7) dt.12-04-2022 2/2 alleged seizure being below the commercial quantity and the petitioner having remained in custody for more than 1 year 3 months, the Court directs the petitioner to be enlarged on bail in connection with Haspura P.S. Case no. 237 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. District and Sessions Judge-cum-Special Judge (NDPS), Aurangabad, District Aurangabad.

(Partha Sarthy, J) Prakash/- U