Patna High CourtCR. MISC./47256/2023bail granted

Ram Dular Ram v. The State Of Bihar

2023-08-03Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47256 of 2023 Arising Out of PS. Case No.-645 Year-2022 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== RAM DULAR RAM Son of Late Sudhu Ram Resident of village - Darwan, Ward No.- 4, P.S.- Mohania, District - Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with NDPS REG. No. 18 of 2023 arising out of Mohania P.S. Case No. 645 of 2022 dated 28.11.2022 registered for the offence punishable u/s 8(c), 22(b), 27 of the NDPS Act.

4. As per the prosecution case, 6.00 grams of heroin like substance is alleged to have recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.47256 of 2023(2) dt.03-08-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The seized contraband is not of the commercial quantity. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.11.2022.

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

7. 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, Kaimur at Bhabua in connection with NDPS REG. No. 18 of 2023 arising out of Mohania P.S. Case No. 645 of 2022.

8. The application stands allowed.

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