Radhe Mohan Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52533 of 2022 Arising Out of PS. Case No.-155 Year-2022 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== RADHE MOHAN GUPTA Son of Saryu Sah Resident of Village - Kandihra, P.S.- Kudra, District - Kaimur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Singh For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 8(C)/20b(2)/29/27(A) NDPS Act.

Prosecution case relates to recovery of 12.20 KG. of ganja has been made from the house of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Though the alleged recovery has been shown from the house of the petitioner in presence of public, still Section 100 Cr.P.C. has not been complied by the police personnel, which creates doubts in authenticity of the prosecution story. Petitioner is languishing in

Patna High Court CR. MISC. No.52533 of 2022(3) dt.04-02-2023 2/2 judicial custody since 13.06.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Kaimur in connection with Kudra P.S. Case No. 155 of 2022.

(Sunil Kumar Panwar, J) sushma/- U