Ashok Ganjhu @ Ashok Ganju v. The Union Of India, Government Of India, Narcotics Control Bureau, Zonal Unit, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39747 of 2023 Arising Out of PS. Case No.-18 Year-2022 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Rohtas ====================================================== ASHOK GANJHU @ ASHOK GANJU Son of Raghu Singh @ Raghu Ganjhu @ Raghu Bhokta @ Raghu Ganju Resident of village - Dullibigha, P.S. - Pratappur, P.S. - Gerua, Distt. - Chatra, Jharkhand ... ... Petitioner/s

Versus

The Union of India, Government of India, Narcotics Control Bureau, Zonal Unit, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arjun Prasad For the UOI :

Mr.Dr. K.N. Singh (Asg) Mr. Binay Kr. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned counsel for U.O.I.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(c), 21(C) & 29 of the N.D.P.S. Act.

3. Prosecution case relates to recovery of total 390 gram heroin from the bag of the co-accused Sanjeet Kumar Mishhra and the petitioner is alleged to have indulged in trade of narcotic substance.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither the petitioner was

Patna High Court CR. MISC. No.39747 of 2023(3) dt.07-08-2023 2/2 apprehended on spot nor any incriminating material has recovered from his conscious possession. The petitioner has no concern with the alleged recovery of heroin like substance. The name of the petitioner was disclosed by the co-accused Sanjay Kumar who is already getting the privilege of bail granted by co-ordinate Bench of this court vide order dt. 22.3.2022 passed in Cr. Misc. No. 64276 of 2022. Moreover, the petitioner is languishing in judicial custody since 10.1.2023.

5. Learned counsel for the U.O.I. has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with N.C.B (Cr.) Case No. 18 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 19th Addl. Sessions Judge, Rohtas at Sasaram. (Sunil Kumar Panwar, J) Amandeep/- U T