Patna High CourtCR. MISC./51786/2024bail granted

Gauri Singh v. The State Of Bihar

2024-07-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51786 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- RUPAULI District- Purnia ====================================================== Gauri Singh Son of Late Suresh Singh R/O Saitpur, Goriyari, P.s.- Gopalpur, Dist.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Rupauli P.S. Case No. 72 of 2024 instituted for the offences under Sections 8(c), 20 (b)(ii) of the N.D.P.S. Act.

3. Prosecution case, in short, is that total 15.01 Kg. ganja has been recovered in this case, out of which 2.530 Kg of ganja has been recovered from this petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 24.04.2024 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.51786 of 2024(2) dt.19-07-2024 2/2 petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Section 42 and 50 of the N.D.P.S. Act.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the recovered contraband being less than commercial quantity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rupauli P.S. Case No. 72 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T