Patna High CourtCR. MISC./62837/2023allowed

Shrikishun Sah v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62837 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- MAINATAND District- West Champaran ====================================================== Shrikishun Sah Son Of Late Raghunath Sah Resident Of Village-Ward No. 4, Purainiya, P.S.-Mainatand, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Chandra For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 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) (B), 23(b) and 29 of the NDPS Act.

3. Prosecution case relates to recovery of 1.900 kg of Ganja like narcotics substance from as alleged possession 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. The petitioner was not apprehended on spot and also he has no concern with the seized Ganja like narcotics substance. The recovered ganja does not come within the purview of commercial quantity as per NDPS

Patna High Court CR. MISC. No.62837 of 2023(2) dt.22-09-2023 2/2 Act. Nothing has been recovered from the conscious possession of the petitioner. Moreover, he is languishing in judicial custody since 02.06.2023.

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 in connection with Mainatand P.S. Case No. 81 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 District and Sessions Judge, West Champaran. (Sunil Kumar Panwar, J) Shubham/- U T