Patna High CourtCR. MISC./55275/2021bail granted

Hirawan Rai v. The State Of Bihar

2022-04-05Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55275 of 2021 Arising Out of PS. Case No.-80 Year-2021 Thana- CHAND District- Kaimur (Bhabua) ====================================================== HIRAWAN RAI Son of Kailash Rai Resident of Village - Diwane, P.S.- Chand, District - Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Adv.

For the Opposite Party/s :

Mr. Bal Mukund Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 8(c), 20(b)(ii) (B) and 22 of the NDPS Act.

As per the prosecution case, 1.3 kg of ganja was recovered from the house of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. Even the alleged recovery is from the house belonging to the joint family. The petitioner is in custody since 22.5.2021 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking

Patna High Court CR. MISC. No.55275 of 2021(2) dt.05-04-2022 2/2 into consideration the facts of the case together with the petitioner not having any criminal antecedent and having remained in custody for over 10 months, the Court directs the petitioner to be enlarged on bail in connection with N.D.P.S. case no. 15 of 2021 (arising out of Chand P.S. Case no. 80 of 2021) 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 District and Sessons Judge-I -cum- Special Judge, Kaimur at Bhabua. (Partha Sarthy, J) Bibhash/- U