Patna High CourtCR. MISC./39768/2023allowed

Bhim Sahni v. The State Of Bihar

2023-07-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39768 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== Bhim Sahni S/O Naresh Sahni R/O Vill. Sumerpatti, Ps. Dariyapur, Dist. Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bipin Chandra For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 414 of the Indian Penal Code and Sections 8, 20, 22 of the N.D.P.S. Act.

There is recovery of 9.8 Kgs of Ganja from a Scorpio vehicle.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.39768 of 2023(2) dt.21-07-2023 2/2 petitioner has no concern either with the seized contraband or the vehicle in question. The petitioner is languishing in custody since 25.01.2023. Moreover, the seized Ganja does not come within the purview of commercial quantity. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge-cum-Special Judge, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 23 of 2023 (N.D.P.S G.R No. 11/2023).

(Sunil Kumar Panwar, J) Shageer/- U T