Patna High CourtCR. MISC./46565/2021bail granted

Bhola Kumar Baitha v. The State Of Bihar

2022-01-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46565 of 2021 Arising Out of PS. Case No.-2 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Bhola Kumar Baitha S/O Bali Ram Baitha R/O Village-Lachanauta, P.SPalanawa, District-East Champaran. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State through video conferencing. The petitioner seeks bail in connection with N.D.P.S. Case No.35 of 2021 arising out of Excise Case P.R. No.02 of 2021, instituted for the offences under Section 20(B) of the N.D.P.S. Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 14.04.2021, he is a person with clean antecedent and prosecution report has been submitted in the case.

Allegation is of recovery of two kilograms of ganja from co-accused Irfan Ansari.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.46565 of 2021(2) dt.06-01-2022 2/2 nothing was recovered from his possession and even admitting what has been alleged in the F.I.R. to be true then the ganja recovered is much less than commercial quantity. The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 14.04.2021, he is a person with clean antecedent and prosecution report has been submitted in the case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, East Champaran, Motihari in connection with N.D.P.S. Case No.35 of 2021 arising out of Excise Case P.R. No.02 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T