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Patna High CourtCR. MISC./40615/2023allowed

Bhola Roy v. The State Of Bihar

2023-07-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40615 of 2023 Arising Out of PS. Case No.-360 Year-2021 Thana- JAKKANPUR District- Patna ====================================================== Bhola Roy R/O Rambali Roy R/O Mohalla- D.N. Singh Lane, Police StationJakkanpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 20(b)(ii), A/B of the N.D.P.S. Act.

There is recovery of 40 grams of ganja from a hut alleged to be owned by the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. The ganja was recovered from the hut of Bachcha Roy and the petitioner has no

Patna High Court CR. MISC. No.40615 of 2023(2) dt.14-07-2023 2/2 concerned either with co-accused Bachcha Roy or the recovered contraband. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 20.04.2023.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Patna in connection with Special Case No. 92 of 2021, arising out of Jakkanpur P.S. Case No. 360 of 2021.

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