Sanjay Roy @ Sanjay Kumar Roy @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40258 of 2023 Arising Out of PS. Case No.-532 Year-2022 Thana- BIHPUR District- Bhagalpur ====================================================== Sanjay Roy @ Sanjay Kumar Roy @ Sanjay Kumar Son Of Ramanand Roy Village- Marwa Ps- Jhandapur Op Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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

3. The petitioner has preferred this application for grant of regular bail in connection with Bihpur P.S. Case No. 532 of 2022 dated 30.09.2022 bearing NDPS Case No. 6 of 2023 registered for the offences u/ss 8/17(b), 22(b) of the NDPS Act.

4. As per the prosecution case, total 10 gram of smack was recovered from the possession of the co-accused persons.

5. Learned counsel for the petitioner has submitted that the petitioners is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.40258 of 2023(2) dt.24-07-2023 2/2 this case. The name of the petitioner has sprung up in the confessional statement of the co-accused Priyanka Devi. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 22.03.2023 passed in Cr. Misc. No. 72200 of 2022. The petitioner has got two other criminal in which he is on bail cases as stated in para 3 of the bail petition. The petitioner is in custody since 02.06.2023.

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

7. 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, Naugachia, Bhagalpur in connection with Bihpur P.S. Case No. 532 of 2022 (NDPS Case No. 6 of 2023).

8. The application stands allowed.

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