Rahul Gwala @ Rahul Gavala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43992 of 2025 Arising Out of PS. Case No.-750 Year-2024 Thana- MAJHAULIA District- West Champaran ====================================================== Rahul Gwala @ Rahul Gavala S/O Ranjit Gwala @ Ranjit Gavala R/O Village- Fata Pokhara, Police Station- Rajganj, District- Siliguri ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ansul, Sr. Adv.

Mr.Sarvesh Kashyap, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Majhauliya P.S. Case No. 750 of 2024 dated 18.12.2024 registered for the offences punishable u/ss 317(5) of the B.N.S. and Sections 8, 20(B), ii(c) of the N.D.P.S. Act.

3. As per the prosecution case, police apprehended the petitioner and the co-accused person namely, Tinku Gwala with motorcycle. On search, total 1.038 Kg. of charas was recovered from the backpack of the co-accused, Tinku Gwala.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.43992 of 2025(2) dt.28-07-2025 2/2 this case. It is further submitted that the petitioner has no concern with the alleged recovery rather the recovery has been made from the backpack of the co-accused, Tinku Gwala. The seized contraband is less than the commercial quantity. Nothing has been recovered from the conscious possession of the petitioner. The charge-sheet has been submitted against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 750 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T