← Library
Patna High CourtCR. MISC./59514/2022allowed

Gautam Ram v. The State Of Bihar

2023-02-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59514 of 2022 Arising Out of PS. Case No.-648 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Gautam Ram S/O Shiw Pujan Ram @ Shivpujan Ram Resident Of MohallaPurani Chowk, Ward No.- 19, P.S.- District- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Union Of India through the Director, Narcotics Control Bureau New Delhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Setu Prateek For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 8(C ), 21(a)(b) of the N.D.P.S. Act. There is recovery of 6.13 grams of brown colour smack like substance from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Moreover the recovered

Patna High Court CR. MISC. No.59514 of 2022(2) dt.03-02-2023 2/2 contraband is much below the commercial quantity, hence, the rigours of Section 37 of the N.D.P.S Act would not be attracted against the petitioner. The petitioner is languishing in custody since 18.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the quantity of the recovered contraband and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Gopalganj in connection with Trial No. 54 of 2022, arising out of Gopalganj (Town) P.S. Case No. 648 of 2022.

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