Mauji Lal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61063 of 2021 Arising Out of PS. Case No.-212 Year-2021 Thana- NADI P.S. District- Patna ====================================================== MAUJI LAL RAI SON OF KINKAR RAI R/O VILLAGE- JETHURI, P.S.- NADI, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Rathour, Adv.

For the Opposite Party/s :

Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 8, 20, 22 and 29 of the N.D.P.S. Act.

As per the prosecution case, 10 kgs of ganja was recovered from the house of the petitioner.

It is submitted by learned counsel appearing for the petitioner that the petitioner who has no criminal antecedent has been falsely implicated in the case. The house in question does not belong to the petitioner alone but is a joint family property. The alleged place of recovery is not under the exclusive control of this petitioner who is in custody since 1.8.2021 and chargesheet has been submitted in the case. It is further submitted that the alleged quantity recovered is much below the

Patna High Court CR. MISC. No.61063 of 2021(3) dt.06-04-2022 2/2 commercial quantity and the F.S.L. report is not on record. It is further submitted that a mention slip as also a supplementary affidavit has been filed on behalf of the petitioner stating therein about the unfortunate death of the petitioner's daughter on 4.4.2022.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner not having any criminal antecedent, the period being in custody for more than 8 months and chargesheet having been submitted in the case without the F.S.L. report, the Court directs the petitioner to be enlarged on bail in connection with Special Case no.88 of 2021 (arising out of Nadi P.S. Case no.212 of 2021) 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/Special Judge, Patna.

(Partha Sarthy, J) Saurabh/- U T