Patna High CourtCR. MISC./63632/2021bail granted

Dharmendra Kumar Sah @ Dharmendra Kr. Sah v. The State Of Bihar

2022-04-07Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63632 of 2021 Arising Out of PS. Case No.-383 Year-2021 Thana- BRAHMPUR District- Buxar ====================================================== DHARMENDRA KUMAR SAH @ DHARMENDRA KR. SAH Son of Late Dwarika Sah Resident of Village- Mahuar, Police Station- Mainizore, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Brahmpur (Nainizore) P.S. Case No. 383 of 2021, disclosing offence punishable under Sections 20, 21, 22 of the NDPS Act. On the allegation of recovery of Ganja from behind the petitioner's house, he has been implicated in this case. The raid was conducted on the basis of a secret information. Allegedly, the police party saw a person throwing a bag which was found to be filled with Ganja.

Learned counsel appearing on behalf of the petitioner has submitted that the weight of the bag, the rope used for tying the bag and the article in the said bag have been weighed

Patna High Court CR. MISC. No.63632 of 2021(2) dt.07-04-2022 2/2 together which have been found to be 16.1 kg. He submits that the weight does not give the accurate weight of the Ganja allegedly recovered. He has further submitted that the recovery of Ganja cannot be said to be from the petitioner's possession. The petitioner is in custody since 19.07.2021 and has no criminal antecedent, he submits.

Considering the quantity of Ganja alleged to have been recovered and the period of petitioner's incarceration, coupled with the fact that he has no criminal antecedent, this application is allowed.

Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned District Judge-cum-Special Judge, NDPS Act, Buxar, in Brahampur (Nainizore) P.S. Case No. 383 of 2021. (Chakradhari Sharan Singh, J) Rajesh/- U T