Shivanand Dubey @ Golu Dubey @ Shiwa Nand Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48213 of 2024 Arising Out of PS. Case No.-91 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Shivanand Dubey @ Golu Dubey @ Shiwa Nand Dubey, S/O Subhash Dubey R/O Village- Dighwa, P.S- Bhorey, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwajeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-01-2025 Heard learned counsel for the petitioner and Mr. Bharat Bhushan, learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 8 and 20(B) (ii)(c) of the N.D.P.S. Act.

3. The case of the prosecution is that from the roof of the toilet near the water tank something wrapped in a cotton bad was recovered. It is also alleged that the said toilet is 30 meters away from the house of the petitioner. Recovered material was identified as charas.

4. Learned counsel appearing on behalf of the petitioners has submitted that the FSL report is available. From perusal of the FSL report it transpires that the dark brown solid substance kept in the plastic bag as described above was

Patna High Court CR. MISC. No.48213 of 2024(7) dt.21-01-2025 2/2 adduced to be charas containing Tetrahydrocannabinol (T.H.C.). Though the amount of charas which has been recovered from the toilet of the petitioner is of commercial quantity but the place from where recovery is made is 30 meters away from the house of the petitioner. The petitioner is in custody since 14.04.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each of them with two sureties of the like amount each to the satisfaction of the learned court of District and Sessions Judge, Gopalganj in connection with Bhorey P.S. Case No. 91 of 2024.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T