Sri Ram Sah v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58128 of 2023 Arising Out of PS. Case No.-255 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== SRI RAM SAH S/O- GAURI SAH VILLAGE- BARAHI, P.S- BEGAN GOLA, DIST- BUXAR ... ... Petitioner/s

Versus

1.

The Union Of India New Delhi 2.

The State Of Bihar Bihar ,Patna ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 65214 of 2023 Arising Out of PS. Case No.-255 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== Jay Bahadur Sah Son Of Sri Gopal Sah Village- Baruhan, P.S-. Bagen Gola, District- Buxar ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 58128 of 2023) For the Petitioner/s :

Mr.Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr.Dr. Krishna Nandan Singh (A.S.G) (In CRIMINAL MISCELLANEOUS No. 65214 of 2023) For the Petitioner/s :

Mr.Ranjeet Tiwary For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Nawa Nagar (Sonbarsa) P.S. Case No. 255 of 2023 registered for the offence under Sections 8, 20(B)(ii)(B) of the N.D.P.S. Act.

Patna High Court CR. MISC. No.58128 of 2023(3) dt.13-10-2023 2/3

3. As per prosecution case, the petitioners are alleged to have apprehended on spot and police recovered 5.5 kg ganja from a motorcycle where the petitioners were present and 3.8 kg ganja like contraband substance near shop of one Shusil Kumar.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. It is also submitted that the petitioners have not concerned with the alleged recovery of Ganja like substance and the same is said to be total 5.5 kg which does not come under purview of commercial quantity as per the N.D.P.S. Act. Both the petitioners have got no criminal antecedent as stated in para-3 of their bail petition. It is further submitted that the petitioners are languishing in judicial custody since 3.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioners, this court is inclined to enlarge them on bail. The above named petitioners are directed to be released on bail after framing of charge, if not framed in connection with Nawanagar (Sonbarsa) P.S. Case No. 255 of

Patna High Court CR. MISC. No.58128 of 2023(3) dt.13-10-2023 3/3 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned District Judge-cum-Special Court N.D.P.S. Act, Buxar. (Sunil Kumar Panwar, J) Amandeep/- U T