Patna High CourtCR. MISC./52133/2024bail granted

Dheeraj Sah @ Dheeraj Kumar Sah @ Dheeraj Kumar v. The State Of Bihar

2024-08-13Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52133 of 2024 Arising Out of PS. Case No.-38 Year-2024 Thana- JOGBANI District- Araria ====================================================== Dheeraj Sah @ Dheeraj Kumar Sah @ Dheeraj Kumar Son of Shiv Narayan Sah R/O Vill.- Kalwa, Baijnathpur, P.s.- Jogbani, Dist.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Naushad Uzzoha, Adv.

For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Jogbani (Bathnaha) P.S. Case No. 38 of 2024 dated 22.02.2024 registered for the offences punishable under Sections 8, 20(b)(ii)(B) of the N.D.P.S. Act.

3. As per the prosecution case, total 7 kg ganja, which was kept in seven polythene bags, was recovered from the bag of the petitioner and 8 kg ganja, which was kept in 8 polythene bags, was also recovered from the co-accused, Anand Sah.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. No

Patna High Court CR. MISC. No.52133 of 2024(2) dt.13-08-2024 2/2 incriminating article has been recovered from the conscious possession of the petitioner. The seized contraband is less than commercial quantity. The petitioner has no concern with the alleged recovery. The petitioner has one criminal antecedent which is not related to similar nature as stated at para 3 of the bail petition. The petitioner is in custody since 22.02.2024.

5. Learned A.P.P. for the State has 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 Sessionscum-Special Judge, NDPS Act, Araria in connection with Jogbani (Bathnaha) P.S. Case No. 38 of 2024.

7. The application stands allowed.

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