Patna High CourtCR. MISC./64018/2023allowed

Jaipal Singh v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64018 of 2023 Arising Out of PS. Case No.-254 Year-2023 Thana- DIDARGANJ District- Patna ====================================================== JAIPAL SINGH Son of Mochan Rai R/o vill - Nijampur, P.S. - Didarganj, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== 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 instituted for the offence under Sections 30(a)(b)/ 36 of the Bihar Prohibition and Excise Act and Sections 8/20(b)(ii) A of the N.D.P.S. Act.

3. As per prosecution case, there have been recovery of 20 liters of illegal country-made liquor and 20 gm Ganja from the possession 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 either with the seized liquor or with the seized Ganja. He submitted that seized Ganja like substance does not come

Patna High Court CR. MISC. No.64018 of 2023(2) dt.11-10-2023 2/2 within the purview of commercial quantity as per N.D.P.S. Act. The provision of Section 100 of the Cr.P.C. and Section 50 of the N.D.P.S. Act has not been followed in this case. He is languishing in judicial custody since 09.08.2023.

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 as well as period of custody, 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 Court concerned in connection with Didarganj P.S. Case No. 254 of 2023.

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