Bechu Mehta @ Baidyanath Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45207 of 2023 Arising Out of PS. Case No.-179 Year-2022 Thana- BHAPTIAHI District- Supaul ====================================================== BECHU MEHTA @ BAIDYANATH MEHTA Son of Jaddu Mehta Resident of Village - Bhaptiyahi, P.S.- Bhaptiyahi, District - Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India New Delhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raju Prasad For the Opposite Party/s :

Mr.Uday Pratap Singh For the Union of Indian : Mrs. Punam Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned APP for the State and learned counsel for the NCB. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8/20(c)(ii) A/21(C) of the N.D.P.S. Act.

The prosecution story is that the informant got secret information about illegal trading of Ganja, thereafter, he along with police party reached at the place and many co-accused persons were apprehended on the spot and upon search total 22 sacks of ganja were recovered from the house of co-accused persons which are weighing about 363.150 kg. It is said to be that petitioner was also indulged in this illegal trading. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.45207 of 2023(5) dt.18-10-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to high handedness of the police officials. The petitioner has no concern with the alleged recovery and nor from any co-accused persons. Nothing incriminating ganja like substance was recovered either from his house or from his possession. Act. It is further submitted that the petitioner is languishing in judicial custody since 04.01.2023.

Learned APP appearing for the state and learned counsel for the NCB have 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. The above named petitioner is directed to be released on bail in connection with Supaul NDPS Case No-34 of 2022 arising out of Bhaptiyahi P.S. Case No. 179 of 2022 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-cum-Special Judge, NDPS Act, District Supaul.

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