Patna High CourtCR. MISC./63933/2023allowed

Ajay Choudhary v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63933 of 2023 Arising Out of PS. Case No.-204 Year-2023 Thana- BAUNSI District- Banka ====================================================== AJAY CHOUDHARY son of Ashish Choudhary Village- Shyam Bazaar PsBounsi Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 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, 20(b)(ii) (A) of the N.D.P.S. Act.

3. According to the prosecution, the petitioner is alleged to have been apprehended from his sweet shop from where, 165 gram ganja like substance was recovered.

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 has no concern with the alleged recovery of ganja like narcotic substance and the same is alleged to be 165 gram which is lesser than small quantity as per N.D.P.S. Act. It is further submitted

Patna High Court CR. MISC. No.63933 of 2023(2) dt.11-10-2023 2/2 the provision of N.D.PS. Act has not been followed by the prosecution. Nothing has been recovered from conscious possession of the petitioner. Moreover he is languishing in judicial custody since 19.7.2023.

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 him on bail. The above named petitioner is directed to be released on bail in connection with Bounsi P.S. Case No. 204 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 Sessions Judge, Banka-cum-Special Judge (NDPS) Act, Banka. (Sunil Kumar Panwar, J) Amandeep/- U T