Santosh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49731 of 2021 Arising Out of PS. Case No.-394 Year-2020 Thana- GARDANIBAG District- Patna ====================================================== SANTOSH RAI S/o- Late Jagdish Rai Resident of - Dhirachak, Near Lal Mandir, P.S. - Gardanibagh, Distt. - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Mohan Singh, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Gardanibagh PS case no. 394 of 2020 instituted for the offences punishable under Sections 8(C)/21(b)/27 of N.D.P.S. Act.

The allegation is regarding recovery of 1.50 mg of Brown Sugar (Heroine) from the conscious possession of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 05.08.2020. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in

Patna High Court CR. MISC. No.49731 of 2021(2) dt.04-03-2022 2/3 some other cases but he is on bail in the said cases. Lastly, it is submitted that the quantity of Brown Sugar (Heroine) recovered from the possession of the petitioner is much less that the small quantity defined in the Schedule notified under the N.D.P.S. Act, 1985, hence there is no impediment in grant of bail to the petitioner.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the quantity of Brown Sugar (Heroine) recovered from the conscious possession of the petitioner is much less that the small quantity defined in the Schedule notified under the N.D.P.S. Act, 1985, apart from the fact that he is languishing in custody since more than 06 months, I deem it fit and proper to admit the petitioner to the privilege of bail. . Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Additional District &

Patna High Court CR. MISC. No.49731 of 2021(2) dt.04-03-2022 3/3 Sessions Judge IV-cum-Special Judge, Patna in connection with Gardanibagh PS case no. 394 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T