Laxmi Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40682 of 2024 Arising Out of PS. Case No.-91 Year-2023 Thana- BHANGHA District- West Champaran ====================================================== Laxmi Thakur, Son of Purnawasi Thakur, Resident of Village- Diuliya, Police Station- Inerwa, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-06-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Bhangaha P.S. Case no. 91 of 2023 registered under sections 20(b)(ii)(B), 22(b) and 23(b) of the N.D.P.S Act.

3. As per the prosecution case, 5.5 kg of ganja was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession who has been falsely implicated in the case because of his antecedent. The petitioner has no criminal antecedent under the N.D.P.S Act. He is in custody since 28.12.2023 and Charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P

Patna High Court CR. MISC. No.40682 of 2024(2) dt.05-06-2024 2/2 for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R, his being in custody since 28.12.2023, charge-sheet having been submitted in the case and the petitioner not having any criminal antecedent under the N.D.P.S Act, the petitioner is directed to be enlarged on bail in connection with Bhangaha P.S. Case no.91 of 2023 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 Exclusive Special Judge (N.D.P.S.) Bettiah, DistrictWest Champaran. (Partha Sarthy, J) avinash/- U T