Patna High CourtCR. MISC./64734/2023allowed

Naresh Sahni v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64734 of 2023 Arising Out of PS. Case No.-623 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Naresh Sahni S/O Bihari Sahni R/O Village- Kolhua Paigambarpur, Ward No. -01, P.S- Ahiyapur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== 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 smack, thereafter, he reached at the place and apprehended the petitioner. On search, total 75.240 gram smack was recovered from the petitioner and his motorcycle.

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

Patna High Court CR. MISC. No.64734 of 2023(2) dt.11-10-2023 2/2 with the alleged recovery and the same was lesser than commercial quantity as per N.D.P.S. The seizure list has not been prepared as per Section 100 of the Cr.P.C. It is further submitted that the petitioner is languishing in judicial custody since 22.05.2023.

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. The above named petitioner is directed to be released on bail in connection with Ahiyapur P.S. Case No. 623 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 11th Additional Sessions Judge, Muzaffarpur.

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