Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51131 of 2021 Arising Out of PS. Case No.-410 Year-2021 Thana- NAWADA District- Nawada ====================================================== SHANKAR PRASAD Son of Late Ramsawarup Ram Resident of Mohalla - New Area, P.S.- Nawada, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 20 and 22 of the N.D.P.S Act.

As per the prosecution case, 7.130 kgs of ganja and a country made katta is said to have been recovered from the house of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession. The alleged recovery cannot be said to be from the exclusive possession of the petitioner who is in custody since 9.4.2021 and has no criminal antecedent. Heard learned APP for the State.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.51131 of 2021(3) dt.11-04-2022 2/2 taking into consideration the facts of the case, the recovery of the alleged ganja being below the commercial quantity, the petitioner having remained in custody for 1 year and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Nawada Town P.S Case no. 410 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada.

(Partha Sarthy, J) Prakash/- U