Ram Ashish Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34087 of 2023 Arising Out of PS. Case No.-81 Year-2021 Thana- SONBERSA District- Sitamarhi ====================================================== Ram Ashish Rai S/O- Late Rameshwar Rai Village- Indarwa Ps- Sonbarsa Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sonbarsa P.S. Case No. 81 of 2021 registered for the offence under Sections 08/20(b)(ii)(B) of the N.D.P.S. Act. The accused/petitioner is named in the F.I.R. and is in custody since 15.03.2023.

The allegation against the petitioner is to have in possession of 5.8 kilograms of ganja which alleged to be recovered from his house.

Learned counsel appearing on behalf of the petitioner submitted that petitioner falsely implicated with present case as

Patna High Court CR. MISC. No.34087 of 2023(2) dt.26-06-2023 2/3 alleged recovery of contraband i.e., ganja appears to be made from joint house and not from the conscious physical possession of this petitioner. It is submitted that compliance of Section 100(4) of the Cr.P.C. regarding search of premises not appears to be followed in present case. It is further submitted that as alleged recovered quantity of contraband is less than commercial quantity of 20 kg in present case, accordingly, rigorous provision of Section 37 of the N.D.P.S. Act not appears to be applicable in present case. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as alleged recovery of contraband i.e., ganja appears to be made from the joint house of the petitioner, where alleged quantity appears to be less than commercial quantity, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 15.03.2023, let the petitioner, above named, is directed to be released on bail in connection with Sonbarsa P.S. Case No. 81 of 2021 on furnishing bail bond

Patna High Court CR. MISC. No.34087 of 2023(2) dt.26-06-2023 3/3 of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judgecum-Special Judge, N.D.P.S. Act, Sitamarhi/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T