Satish Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43968 of 2022 Arising Out of PS. Case No.-284 Year-2022 Thana- BODHGAYA District- Gaya ====================================================== SATISH SAO Son of Late Narayan Sao Resident of village- Nadarpur, P.SBarachatti, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Asgher Najmi, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bodh Gaya PS case no. 284 of 2022 instituted for the offences punishable under Sections 18/20/22 of N.D.P.S. Act. The case of the prosecution in brief, according to the informant, is that on 28.05.2022 at about 5 pm, he got information that two persons were travelling on a motorcycle carrying opium, whereupon the informant had intercepted the said motorcycle and arrested two co-accused persons, from whose possession, various quantity of opium was recovered and upon interrogation, they disclosed that they had purchased the opium

Patna High Court CR. MISC. No.43968 of 2022(3) dt.09-01-2023 2/3 from the petitioner herein.

The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 30.05.2022. The learned counsel for the petitioner has further submitted that the petitioner is not having any complicity in the matter, inasmuch as neither he has been arrested from the spot nor any recovery has been made from his possession.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that neither the petitioner has been arrested from the spot nor any opium has been recovered from his possession, apart from the fact that he is having a clean antecedent and has been implicated in the present case merely on suspicion, I deem it fit and appropriate to enlarge the petitioner on bail.

Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of

Patna High Court CR. MISC. No.43968 of 2022(3) dt.09-01-2023 3/3 Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cumSpecial Judge, N.D.P.S. Act, Gaya in connection with Bodhgaya PS case no. 284 of 2022.

(Mohit Kumar Shah, J) rinkee/- U T