← Library
Patna High Court/57749/2023allowed

Ajay Kumar Yadav v. The State Of Bihar

2023-09-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57749 of 2023 Arising Out of PS. Case No.-532 Year-2023 Thana- PATLIPUTRA District- Patna ====================================================== Ajay Kumar Yadav S/O- Late Dharmu Rai R/V- Gosain Tola Devi Asthan Gali Ps- Patliputra Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. Prosecution case relates to recovery of 210 grams of ganja like narcotics substance from the shop of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that petitioner has no concern with the alleged recovery of ganja and nothing incriminating article has been recovered from the conscious possession of the petitioner. The recovered ganja like substance does not come within the purview of commercial

Patna High Court CR. MISC. No.57749 of 2023(2) dt.01-09-2023 2/2 quantity as per NDPS Act. Moreover, the petitioner is languishing in judicial custody since 30.06.2023.

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 of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed, in connection with Patliputra P.S. Case No. 532 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Patna.

(Sunil Kumar Panwar, J) Shubham/- U T