Patna High CourtCR. MISC./49114/2023allowed

Sanjay Kumar Sharma v. The State Of Bihar

2023-12-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49114 of 2023 Arising Out of PS. Case No.-410 Year-2022 Thana- SONBERSA District- Sitamarhi ====================================================== Sanjay Kumar Sharma Son Of Sri Ram Chandra Sharma Resident Of Mohalla- Court Bazar Ward No. 15, Ps- Sitamarhi, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad Singh For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8/20(b)(ii) (A) of the NDPS Act.

3. Prosecution case relates to recovery of 7.4 kg of ganja like intoxicating substance from the possession of this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the seized ganja. The recovered ganja like intoxicating substance does not come within the purview of commercial quantity as per NDPS Act. Moreover, the petitioner is languishing in judicial

Patna High Court CR. MISC. No.49114 of 2023(5) dt.20-12-2023 2/2 custody since 09.11.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge if the charge is not framed in connection with Sonbarsa P.S. Case No. 410 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Spl. Judge NDPS Act, Sitamarhi.

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