Bakshish Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60834 of 2022 Arising Out of PS. Case No.-86 Year-2022 Thana- MANPUR District- West Champaran ====================================================== Bakshish Mian Son Of Sri Bhikhari Mian R/O Village- Chauhatta, P.S.- Manpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Manpur P.S. Case No. 86 of 2022 registered under sections 20, 21, 23, 24 and 27 of the N.D.P.S. Act.

Prosecution case in short is that on the basis of secret information, police team reached at the place of occurrence and saw that one person was seen coming on his motorcycle from the side of border pillar no. 430/02, and was going towards Hardiya village, then the raiding team signaled to stop, and he was apprehended with his motorcycle. On search, a white colored bag containing psychotropic like substance of 12.9 kg ganja was recovered and he disclosed his name as Bakshish

Patna High Court CR. MISC. No.60834 of 2022(3) dt.24-02-2023 2/3 Mian (petitioner).

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 he has no concern with the alleged recovery of ganja and also has no concern with the alleged motorcycle. It is mentioned in para-6 of this petition, that nothing has been recovered from his conscious possession, rather he appears to have been apprehended on suspicion at the time, when police were chasing the real culprit, who managed to flee away leaving the motorcycle. Allegedly, there is recovery of 12.9 kg ganja which comes below the commercial quantity. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 02.06.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Manpur P.S. Case No. 86 of 2022 on furnishing

Patna High Court CR. MISC. No.60834 of 2022(3) dt.24-02-2023 3/3 bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, West Champaran at Bettiah.

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