Patna High CourtCR. MISC./49828/2023allowed

Niraj Thakur @ Neeraj Thakur v. The State Of Bihar

2023-09-13Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49189 of 2023 Arising Out of PS. Case No.-171 Year-2023 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== ANUBHAV PANDEY Son of Kapilmuni Pandey Resident of Village-Ledari, P.S.-Chand, District-Kaimur at Bhabua ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 49828 of 2023 Arising Out of PS. Case No.-171 Year-2023 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== NIRAJ THAKUR @ NEERAJ THAKUR SON OF UDAI THAKUR @ UDAY NAUU RESIDENT OF VILLAGE - LEDARI , P.S. - CHAND, DISTRICT- KAIMUR AT BHABUA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 49189 of 2023) For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Chandra Bhushan Prasad (In CRIMINAL MISCELLANEOUS No. 49828 of 2023) For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Section 414 of the Indian Penal Code and Sections 8(c), 20 (b)(ii)B and 29 of the N.D.P.S.

Patna High Court CR. MISC. No.49189 of 2023(3) dt.13-09-2023 2/3 Act.

3. As per prosecution case, there has been recovery of 4.410 Kg Ganja from the petitioner namely, Niraj Thakur @ Neeraj Thakur.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. He submitted that the petitioners have no concern with the seized Ganja. He submitted that seized Ganja 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. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 14.06.2023.

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 petitioners on bail after framing of charge, if not framed. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)

Patna High Court CR. MISC. No.49189 of 2023(3) dt.13-09-2023 3/3 each with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Bhagwanpur P.S. Case No. 171 of 2023.

(Sunil Kumar Panwar, J) arish/- U