Ritesh Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65658 of 2023 Arising Out of PS. Case No.-199 Year-2023 Thana- RAXAUL District- East Champaran ====================================================== RITESH GIRI SON OF RAM BABU GIRI RESIDENT OF VILLAGE - BISHAMBRA, P.S. - GOPALPUR, DISTRICT - WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 21(b)of the N.D.P.S. Act.

As per prosecution case, the petitioner and co-accused persons were apprehended on the spot and from the possession of the accused petitioner total 50 grams smack like substance was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to high handedness of the police officials. The petitioner has no concern with the alleged recovery of smack and the same was lesser than

Patna High Court CR. MISC. No.65658 of 2023(2) dt.13-10-2023 2/2 commercial quantity as per N.D.P.S. Act. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 22.04.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

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 after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Raxaul (Haraiya O.P.) P.S. Case No. 199 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 Ist Additional Sessions Judgecum-Special Judge, East Champaran, Motihari. (Sunil Kumar Panwar, J) Manishk/- U T