Patna High CourtCR. MISC./46246/2024bail granted

Anand Sah v. The State Of Bihar

2024-08-28Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46246 of 2024 Arising Out of PS. Case No.-38 Year-2024 Thana- JOGBANI District- Araria ====================================================== Anand Sah Son of Gulab Chand Sah Resident of Vill- Kalua Bijnathpur, Pipra P.S.- Joghbani, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar Singh, Adv For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Jogbani Bathnaha P.S. Case No. 38 of 2024 dated 22.02.2024 registered for the offences punishable under Sections 8, 20(b)(ii)(B) of the N.D.P.S. Act.

3. As per the prosecution case, total 8 kg ganja was recovered from the possession of the petitioner and 7 kg of ganja was recovered from the possession of the co-accused Dheeraj Sah.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The

Patna High Court CR. MISC. No.46246 of 2024(2) dt.28-08-2024 2/2 seized contraband is less than commercial quantity. The petitioner has no concern with the alleged recovery. Similarly situated co-accused has already been granted bail by the coordinate bench of this court vide order dated 13.08.2024 passed in Cr. Misc. No. 52133 of 2024. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has clean criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.02.2024.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above named, 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, Araria, in connection with Jogbani Bathnaha P.S. Case No. 38 of 2024.

7. The application stands allowed.

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