Patna High CourtCR. MISC./55533/2023allowed

Sundeshwar Sahni v. The State Of Bihar

2023-08-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55533 of 2023 Arising Out of PS. Case No.-148 Year-2023 Thana- PIPRAHI District- Sheohar ====================================================== SUNDESHWAR SAHNI SON OF LATE RAM SHARAN SAHNI RESIDENT OF VILLAGE- KHAPARPURA, PO- ARAILA, PS- MORO BAUSUWARA, DISTT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 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 20/22 of the N.D.P.S. Act.

3. As per prosecution case, on secret information received that some persons going to sale and purchase Ganja, then police party reached at that place and on search there has been recovery of 80 gm Ganja from the possession 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. Petitioner has apprehended on spot and

Patna High Court CR. MISC. No.55533 of 2023(2) dt.30-08-2023 2/2 he is an old person, who is aged about 69 years. 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 petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 03.07.2023.

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, period of custody as well as being an old age person, 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 Court below in connection with Piprahi P.S. Case No. 148 of 2023.

(Sunil Kumar Panwar, J) arish/- U