Patna High CourtCR. MISC./57450/2023allowed

Samprit Yadav @ Samprit Kumar Yadav v. The State Of Bihar

2023-08-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57450 of 2023 Arising Out of PS. Case No.-226 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== SAMPRIT YADAV @ SAMPRIT KUMAR YADAV S/O BANARSI PRASAD YADAV R/O VILLAGE- DHOBINIYA, PS. NAUGACHHIYA, DIST. BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baijnath Sah For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8/20 (b) and 22 (b) of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 550 gm Ganja from the motorcycle's dickey of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized Ganja. He submitted that seized Ganja like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. He further submitted that the

Patna High Court CR. MISC. No.57450 of 2023(2) dt.31-08-2023 2/2 seized motorcycle belongs to the petitioner itself. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 02.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. 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 Court below in connection with Naugachia P.S. Case No. 226 of 2023.

(Sunil Kumar Panwar, J) arish/- U