Patna High CourtCR. MISC./48944/2023allowed

Raghuraj Parsad v. The State Of Bihar

2023-07-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48944 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== RAGHURAJ PARSAD S/O LATE PARAS PRASAD R/O VILLAGEMIRGANJ SONAR TOLLI WARD NO. 8, PS. MIRGANJ, DIST. GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Ranjan For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 20 (b)(ii)(A) of the N.D.P.S. Act.

3. As per prosecution case, on secret information received that the petitioner has stored illicit Ganja in his shop, then police party reached at that place and on search, there has been recovery of 1.3 Kg Ganja kept in a cartoon.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized Ganja. He submitted that seized Ganja

Patna High Court CR. MISC. No.48944 of 2023(2) dt.31-07-2023 2/2 like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. The provision of Section 50 of the N.D.P.S. Act has not followed in this case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 06.03.2023.

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/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Mirganj P.S. Case No. 69 of 2023.

(Sunil Kumar Panwar, J) arish/- U T