Dinesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42880 of 2023 Arising Out of PS. Case No.-620 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

Dinesh Ram Son Of Late Indradev Ram Resident Of Village - Koluha Pegambarpur, P.S.- Ahiyapur, District - Muzaffarpur. 2.

Sanjay Ram Son of Late Indradev Ram Resident of village - Koluha Pegambarpur, P.S.- Ahiyapur, District - Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K., Adv.

For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-07-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioners and learned A.P.P. for the State.

3. The petitioners seek regular bail in connection with Ahiyarpur P.S. Case No. 620 of 2020 registered on 26.07.2020 lodged under Sections 20, 22 of the NDPS Act.

4. As per the prosecution case, total recovery of 310 gm of charas has been made in the present case.

5. Counsel for the petitioner submits that from the possession of petitioner no.1, 150gm charas and from petitioner no.2, 160gm charas have been recovered. He further submits that as per the NDPS Act 1kg is the commercial quantity and 100gm is the small quantity of charas and the quantity of recovered charas i.e. 310gm is in between the commercial and

Patna High Court CR. MISC. No.42880 of 2023(2) dt.14-07-2023 2/2 small quantity.

6. Counsel further submits that petitioners are innocent and has committed no offence. He further submits that petitioner is in custody since 27.07.2020. He submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Muzaffarpur in connection with Ahiyarpur P.S. Case No. 620 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

9. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ashishsingh/- U T