Ram Pravesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59949 of 2023 Arising Out of PS. Case No.-419 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

Ram Pravesh Rai S/O Hari Rai R/O Village- Rustampur, P.S- Raghopur (RUSTAMPUR), Distt.- Vaishali.

2.

Dipan Rai S/O Hari Rai R/O Village- Rustampur, P.S- Raghopur (RUSTAMPUR), Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Hajipur P.S. Case No. 419 of 2023 registered under sections 8, 20(b)(ii)(B) of the NDPS Act. Prosecution case relates to recovery of 1 kg 868 grams of ganja like narcotics substance from the possession of petitioner No.1 whereas from the possession of petitioner No.2 there has been recovery of 1 kg 84 grams of ganja like narcotics substance. Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case. It is further submitted that the recovered ganja like substance from the possession of the petitioners does not come within the purview of commercial

Patna High Court CR. MISC. No.59949 of 2023(2) dt.08-09-2023 2/2 quantity as per NDPS Act. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 30.08.2023. in Cr. Misc. No. 56988 of 2023. Moreover, the petitioners are languishing in judicial custody since 07.06.2023.

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

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Hajipur P.S. Case No. 419 of 2023 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Vaishali at Hajipur.

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