Patna High CourtCR. MISC./65364/2023allowed

Gandhi Mandal v. The State Of Bihar

2023-10-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65364 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- BAISI District- Purnia ====================================================== GANDHI MANDAL S/o- LATE KARE LAL MANDAL RESIDENT OF VILLAGE- MAHESHI, P.S- SULTANGANJ, DISTRICT - BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 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 8/20 (b)(ii)(B) of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 1.4 Kg Ganja from the bag 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 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

Patna High Court CR. MISC. No.65364 of 2023(2) dt.13-10-2023 2/2 petition. He is languishing in judicial custody since 02.03.2023.

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, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. 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 2nd Addl. Sessions Judgecum-Spl. Judge (N.D.P.S. Act) Purnia in connection with Baisi P.S. Case No. 99 of 2023.

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