Patna High CourtCR. MISC./45663/2023allowed

Ranjeet Yadav @ Ranjit Yadav v. The State Of Bihar

2023-08-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45663 of 2023 Arising Out of PS. Case No.-104 Year-2023 Thana- ALOULI District- Khagaria ====================================================== Ranjeet Yadav @ Ranjit Yadav Son of Late Brahmdev Yadav Resident of village - Lagauda, P.s. - Alauli, Distt. - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 8, 20, 22 and 25 of the NDPS Act. As per prosecution case, it is case of recovery of total 13 Kg 200 grams ganja from the out house of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner is innocent and committed no offence. He has falsely been implicated in the present case. The alleged recovery of ganja like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. Nothing incriminating article has been recovered from the conscious possession of the petitioner. The Section 50 of N.D.P.S. Act has not been followed

Patna High Court CR. MISC. No.45663 of 2023(3) dt.28-08-2023 2/2 in this case. The petitioner is languishing in judicial custody since 13.03.2023.

Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail after framing of charge, if charge is not framed in connection with Alauli P.S. Case No. 104 of 2023 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 Additional Sessions Judge-V-cum-Special Judge, N.D.P.S. Act, Khagaria.

(Sunil Kumar Panwar, J) lata/- U T