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Patna High CourtCR. MISC./41788/2023allowed

Gamma Bin v. The State Of Bihar

2023-07-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41788 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- BHANGHA District- West Champaran ====================================================== Gamma Bin Son Of Late Jodhi Bin Resident Of Village- Musahari Bintoli, Ps- Dhanaha, Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 20, 22, 23, 24, 27 of the N.D.P.S. Act. There is recovery of 7.050 Kgs of Ganja from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized contraband.

Patna High Court CR. MISC. No.41788 of 2023(2) dt.21-07-2023 2/2 Moreover, the seized contraband does not come within the purview of commercial quantity. The petitioner is languishing in custody since 05.02.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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 Sessions Judge, West Champaran, Bettiah in connection with Bhangaha P.S. Case No. 09 of 2023.

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