Patna High CourtCR. MISC./40754/2024bail granted

Shivsagar Ram v. The State Of Bihar

2024-07-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40754 of 2024 Arising Out of PS. Case No.-234 Year-2023 Thana- GAUNAHA District- West Champaran ====================================================== Shivsagar Ram SON OF BANGALI RAM R/O- VILLAGE MEGHWAL MATHIYA P.S- RAMNAGAR, DIST- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Gaunaha P.S. Case No. 234 of 2023 dated 27.12.2023 registered for the offence/s punishable u/s 20(B), II(B), 23(B), 29 of the NDPS Act.

3. As per the prosecution case, total 6.400 kgs of Ganja, two motorcycles and a mobile phone were recovered from the possession of the petitioner and the co-accused persons.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The seized contraband is less than commercial

Patna High Court CR. MISC. No.40754 of 2024(2) dt.04-07-2024 2/2 quantity. The petitioner has no concern with the alleged recovery. Similarly situated co-accused has already been granted bail by this court vide order dated 14.05.2024 passed in Cr. Misc. No. 34275 of 2024. The petitioner has one criminal antecedent which is not related to similar nature of offence as stated in para 3 of the bail petition. The petitioner is in custody since 27.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, West Champaran at Bettiah in connection with Gaunaha P.S. Case No. 234 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T