Jai Shankar Prasad Upadhyay @ Jai Shankar Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55065 of 2021 Arising Out of PS. Case No.-143 Year-2021 Thana- SONO District- Jamui ====================================================== JAI SHANKAR PRASAD UPADHYAY @ JAI SHANKAR UPADHYAY, Son of Raghu Ballabh Upadhyay Resident of Village - Liludih, P.S.- Chakai, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2022 Heard the learned counsel for the petitioner and the learned APP for the State, through Video Conferencing. The petitioner seeks bail in connection with N.D.P.S. Case No. 05 of 2021, arising out of Sono P.S. Case No.143 of 2021, instituted for the offences under Sections 8, 20(B)(ii)(B) of the N.D.P.S. Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 10.06.2021, he is a person with clean antecedent, charge-sheet has been submitted and allegation is of recovery of 4 k.g. of Ganja from the possession of the petitioner. The learned counsel for the petitioner submits that petitioner has been falsely implicated and even presuming what has been alleged in the FIR is true without admitting them the allegation is of recovery of Ganja which is much less than commercial quantity and little more than small quantity, it is further

Patna High Court CR. MISC. No.55065 of 2021(2) dt.16-02-2022 2/2 submitted that it is the first offence of the petitioner. The learned A.P.P. vehemently opposes the bail application.

Considering the fact that the petitioner is in custody since 10.06.2021, he is a person with clean antecedent, charge-sheet has been submitted and allegation is of recovery of Ganja which is much less than commercial quantity, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Jamui, in connection with N.D.P.S. Case No. 05 of 2021, arising out of Sono P.S. Case No.143 of 2021, with a condition that one of the bailor shall be the father of the petitioner (Raghu Ballabh Upadhyay) and in the event if the petitioner is implicated in a case of similar nature, the Court below will forthwith cancel his bail bond.

The application stands allowed.

(Satyavrat Verma, J) sanjeev/- U T