Patna High CourtCR. MISC./49616/2022allowed

Ajay Nayak v. The State Of Bihar

2023-01-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49616 of 2022 Arising Out of PS. Case No.-237 Year-2022 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== AJAY NAYAK S/o Late Ram Prasad Nayak Resident of Suratganj, Ward No.16, P.S.- Madhubani, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha For the Opposite Party/s :

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Madhubani (Nagar) P.S. Case No. 237 of 2022 registered under Sections 20, 22, 33 of the N.D.P.S. Act.

The prosecution case relates to recovery of 190 grams of Ganza from the house of the petitioner.

Learned counsel for the petitioner submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner and the alleged recovery of Ganza is less than commercial quantity.

Patna High Court CR. MISC. No.49616 of 2022(3) dt.11-01-2023 2/2 A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 15.06.2022.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with G.R. 16 of 2022 arising out of Madhubani (Nagar) P.S. Case No. 237 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Madhubani.

(Sunil Kumar Panwar, J) subham/- U