Suraj Gope @ Bhaisiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3821 of 2021 Arising Out of PS. Case No.-176 Year-2020 Thana- PATNA CITY CHOWK District- Patna ====================================================== SURAJ GOPE @ BHAISIYA S/o Paras Gope Resident of Dirapar, P.S.- Chowk, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Advocate.

For the Opposite Party/s :

Mr. Humayu Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 20/22 of the N.D.P.S. Act. 324 gms. of ganja is said to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case due to ulterior motive. He is neither named in the F.I.R. nor was apprehended on the spot. No incriminating article has been

Patna High Court CR. MISC. No.3821 of 2021(2) dt.18-03-2021 2/2 recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submitted that for the alleged reovery there is maximum punishment of one year. Coaccused, namely, Ajit Kuar @ Ajit Kumar Rai @ Ajit Rai has been enlarged on bail by this court vide order dated 08.03.2021 passed in Cr. Misc. No. 1515 of 2021. The petitioner has been languishing in custody since 10.05.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, after depositing a sum of Rs.5,000.00 (Rupees Five Thousand) in the account of District Legal Services Authority, and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Special Case No.68 of 2020, arising out of Chowk P.S. Case No.176 of 2020.

(Anjani Kumar Sharan, J) Trivedi/- U T