Patna High CourtCR. MISC./63008/2023allowed

Devnath Sah @ Dev Nath Sah @ Debnath Sah v. The State Of Bihar

2023-10-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63008 of 2023 Arising Out of PS. Case No.-26 Year-2023 Thana- ANGARH District- Purnia ====================================================== Devnath Sah @ Dev Nath Sah @ Debnath Sah S/O Bideshi Sah @ Videshi Sah R/O Vill Angarh, P.S. - Angarh, Distt. - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8 and 20(b) (ii) (B) of the NDPS Act.

3. Prosecution case relates to recovery of 789 grams of ganja like intoxicating substance after its weight from the godown 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. It is further submitted that nothing has been recovered from the conscious possession of the petitioner and the recovered ganja like substance does not come within the purview of commercial quantity as per NDPS

Patna High Court CR. MISC. No.63008 of 2023(2) dt.05-10-2023 2/2 Act. Petitioner has no concern with the said recovery. Moreover, he is languishing in judicial custody since 08.07.2023.

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 Angarh P.S. Case No. 26 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 Special Judge, N.D.P.S. Act, Purnea.

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