Patna High CourtCR. MISC./43712/2023bail granted

Sanjay Prajapati @ Sanjay Prasad v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43712 of 2023 Arising Out of PS. Case No.-192 Year-2023 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Sanjay Prajapati @ Sanjay Prasad, S/O Late Bihari Prajapati R/O VillageMishrawaliya, P.S- Buxar (muffasil) , Distt.- Buxar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023 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 Pre Trail NDPS Case No. BRBU10P0008402023 arising out of Buxar (Muffasil) P.S. Case No. 192 of 2023 dated 23.04.2023 registered for the offences punishable u/ss 8, 20(b)(ii)(B), 27(A), 29 of the N.D.P.S. Act.

4. As per the prosecution case, 2 Kgs ganja like intoxicating substance kept in black coloured plastic bag and

Patna High Court CR. MISC. No.43712 of 2023(2) dt.27-07-2023 2/2 the selling money of Rs. 900/- were recovered from the possession of the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the seized contraband is less than commercial quantity. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.04.2023.

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, Buxar in connection with Pre Trial NDPS Case No. BRBU10P0008402023 arising out of Buxar (Muffasil) P.S. Case No. 192 of 2023.

8. The application stands allowed.

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