Rajesh Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62199 of 2021 Arising Out of PS. Case No.-189 Year-2021 Thana- BAUNSI District- Banka ====================================================== RAJESH KUMAR BHAGAT Son of Naresh Kumar Bhagat Resident of Bounsi Bazar, P.S.- Bounsi, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bounsi PS case no. 189 of 2021 instituted for the offences punishable under Sections 20, 22 of N.D.P.A. Act. The allegation is regarding the police having received secret information that ganja was stored in the shop of the petitioner, whereafter raid was conducted and 250 gms. of ganja was recovered from the shop of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 28.08.2021. The learned counsel for the petitioner has further submitted that the quantity of ganja recovered from the shop of

Patna High Court CR. MISC. No.62199 of 2021(2) dt.04-04-2022 2/2 the petitioner is much less than the small quantity defined in the Schedule notified under the provisions of N.D.P.S. Act, 1985, hence there is no impediment in grant of bail to the petitioner. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the quantity of ganja seized from the shop of the petitioner is much less than the small quantity defined in the Schedule notified under the provisions of N.D.P.S. Act, 1985, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Sessions-cum-Special Judge (NDPS Act), Banka in connection with Bounsi PS case no. 189 of 2021.

(Mohit Kumar Shah, J) rinkee/- U T