Umesh Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44986 of 2021 Arising Out of PS. Case No.-9 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== UMESH KUMAR GUPTA Son of Sudarshan Gupta Resident of VillageRupahi Tar, P.S.- Bhitaha, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-04-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 8 and 20(ii) (B) & (C) of the NDPS Act.
As per the prosecution case, total of 8 kgs. of ganja is said to have been recovered in the bus from a bag belonging to the petitioner.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has no concern either with the seized ganja nor with the bag in question. He was merely a passenger in the bus and he has been falsely implicated in the case because of a wrong impression. He is in custody since 14.3.2021 and has no
Patna High Court CR. MISC. No.44986 of 2021(4) dt.07-04-2022 2/2 criminal antecedent. Chargesheet has been submitted in the case.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner not having any criminal antecedent, the alleged recovery being below the commercial quantity and the petitioner having remained in custody for more than 1 year, the petitioner is directed to be enlarged on bail in connection with N.D.P.S. (Spl.) Case no. 9 of 2021 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 Sessions Judge, Nawada. (Partha Sarthy, J) Spd/- U T