Satyendra Rai @ Satendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58347 of 2021 Arising Out of PS. Case No.-440 Year-2021 Thana- SONEPUR District- Saran ====================================================== Satyendra Rai @ Satendra Ray Son Of Suresh Rai Residence Of Village - Pahleja Shahpur, P.S.- Sonepur, District - Saran At Chapra. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Shambhu Prasad Yadav For the Opposite Party/s :

Ms. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sonepur P. S. Case No.440 of 2021, instituted for the offences under Sections 20 and 21 of the N.D.P.S. Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 03.08.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of recovery of 29.330 grams of ganja and 1.050 gram of smack from the petitioner.

The learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that the recovery of ganja and smack was less

Patna High Court CR. MISC. No.58347 of 2021(2) dt.07-03-2022 2/2 than small quantity. It is submitted that the petitioner came to be implicated merely on basis of suspicion as he was found at the place of occurrence where the ganja and smack was lying. The learned counsel further submits that even assuming what is alleged, is true without admitting then the recovery is much less than the small quantity.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in the case and the recovery is less than the small quantity, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, Saran in connection with Sonepur P. S. Case No.440 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T