Patna High CourtCR. MISC./59124/2022allowed

Nagendra Prasad v. The State Of Bihar

2023-02-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59124 of 2022 Arising Out of PS. Case No.-183 Year-2022 Thana- CHAKAND District- Gaya ====================================================== NAGENDRA PRASAD S/O LATE RAMJI RAM @ RAMJI RAUT Resident of village- Chamandih, P.S.- Chakand, District- Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Chandra For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Chakand P.S. Case No. 183 of 2022 registered for the offence punishable under sections 8/20(b)(c)(ii), 25 and 35 of NDPS Act.

Prosecution case relates to recovery of 5 kg. Ganja from the house of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The alleged recovery has been made from the adjacent place of the house of the petitioner. Allegedly, recovery of 5 kg has to be shown from the house of the petitioner, which comes within the commercial quantity. The place of recovery is a joint

Patna High Court CR. MISC. No.59124 of 2022(3) dt.23-02-2023 2/2 family house. He has been falsely implicated in this case. He is languishing in judicial custody since 28.06.2022. 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 the case, 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 Session Judge-cum-Special Judge, NDPS Act, Gaya in connection with Chakand P.S. Case No. 183 of 2022.

(Sunil Kumar Panwar, J) sushma/- U