Arman Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59261 of 2023 Arising Out of PS. Case No.-1041 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== ARMAN SAH Son of Amaruddin Sah @ Amrodin Sah @ Amrodin Shah R/o vill - Dewapur Purdil Tola, P.S. - Manjhagarh, Distt. - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Roy For the Opposite Party/s :
Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 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 412, 413, 414, 34 of the IPC and Sections 8/20 (b)(ii)(B) of the N.D.P.S. Act.
3. As per prosecution case, there has been recovery of 510 Gm Charas like substance 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. He submitted that the petitioner has no concern with the seized Charas. He submitted that seized Charas like substance does not come within the purview of
Patna High Court CR. MISC. No.59261 of 2023(4) dt.05-12-2023 2/2 commercial quantity as per N.D.P.S. Act. The provision of Section 50 of the NDPS Act has not been followed in this case. He is languishing in judicial custody since 20.12.2022.
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. 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 Additional Sessions Judge-VIII, Gopalganj in connection with Gopalganj Town P.S. Case No. 1041 of 2022.
(Sunil Kumar Panwar, J) Arish/- U T