Raja Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64731 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- KURLIKOT District- Kishanganj ====================================================== RAJA KUMAR SAHNI S/O KAILASH SAHANI R/O VILLAGE- ITALBASTI, WARD NO. 6, P.S- THAKURGANJ, DISTT.- KISHANGANJ. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 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 8(c)/21(b) of the N.D.P.S. Act.

The prosecution story is that the informant got secret information about illegal trading of Ganja, thereafter, he reached at the place and apprehended the petitioner. On search, total 27.40 grams brown sugar narcotic 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 ganja and the same was lesser than com-

Patna High Court CR. MISC. No.64731 of 2023(2) dt.11-10-2023 2/2 mercial 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 Section 50 of the NDPS Act has not followed while preparing the seizure list. Moreover, the petitioner is languishing in judicial custody since 08.08.2023.

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 Kurlikot P.S. Case No. 58 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-cum-Special Judge, NDPS, Kishanganj. (Sunil Kumar Panwar, J) Manishkr/- U T