Akhilesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43675 of 2023 Arising Out of PS. Case No.-221 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Akhilesh Rai Son Of Shree Shiv Nandan Rai Resident Of Village - Daudnagar, P.S. - Bidupur, Distt. - Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 20(b)(ii)(B) 23©, 27,(b) of the N.D.P.S. Act and Section 25(1-B)a, of the Arms Act.

The prosecution story is that the informant got secret information about illegal trading of Ganja, thereafter, he reached at the place of occurrence and apprehended the petitioner along with co-accused. On search, 4.200 kg ganja like substance was recovered from house of the petitioner. It is further alleged that ganja like substance was also recovered from co-accused persons.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.43675 of 2023(2) dt.21-07-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. The petitioner has no concern with the alleged recovery of ganja and the same was lesser than commercial quantity as per N.D.P.S. Act. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 06.04.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail after framing of charge, if charge has not been framed as yet. The above named petitioner is directed to be released on bail in connection with Bidupur P.S. Case No. 221 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Vaishali at Hajipur.

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