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Patna High CourtCR. MISC./50117/2025allowed

Murari Sah v. The State Of Bihar

2025-10-16Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50117 of 2025 Arising Out of PS. Case No.-238 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== Murari Sah Son of Late Bhikhari Sah Resident of village- Kanana, PsRaxaul, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-10-2025 Heard learned counsel for the petitioner and Mr. Kumar Veerendra Narayan, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 20(B)(ii)©, 23©, 25, 27(a) and 29 of the NDPS Act.

3. The case of the prosecution is that one chawkidaar Vinod Singh had informed the informant that he is having secret information that two Nepali persons are carrying charas for handing it over to the petitioner and one Imam Mian. It is further alleged that when the two Nepali persons came with the charas on a cycle, they started fleeing away leaving the bag containing charas. It is further case of the prosecution that they could not be apprehended and they managed to escape. From the bags which were bring carried by Nepalese persons one bag containing 10 kg 6 gm. and another bag containing 9 kg 6 gm of

Patna High Court CR. MISC. No.50117 of 2025(3) dt.16-10-2025 2/2 charas.

4. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner. The petitioner is quite innocent and has falsely been implicated in this case. Learned counsel has further submitted that the petitioner is having criminal antecedent of one case of different nature and is in judicial custody since 22.03.2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Raxaul P.S. Case No. 238 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge, East Champaran, Motihari.

(Ashok Kumar Pandey, J) durgesh/- U T