Misha Bharti @ Misa Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 61915 of 2022 Arising Out of PS. Case No.-514 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== Misha Bharti @ Misa Bharti D/o Birendra Prasad @ Birendra Kumar R/vRamgarhia, P.S.- Bihiya, District- Ara (Bhojpur), Presently R/o MohallaBigrahpur, P.S.- Jakkanpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhanshu Shekhar, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with N.D.P.S. Case No. 213 of 2022 (arising out of Gardanibagh P.S. Case No. 514 of 2022) lodged under Section 22(b) of the N.D.P.S. Act.

As per the prosecution case, the criminal case has been filed against 4 named accused persons.

Learned counsel for the petitioner submits that the petitioner was apprehended but nothing was recovered from his possession rather the recovery of 8.23 gm of Smack has been

Patna High Court CR. MISC. No. 61915 of 2022(2) dt.24-02-2023 2/2 made from accused Pintu Kumar. Counsel submits that antecedent of the petitioner is clean and he is in custody since 08.09.2022 in which charge sheet has already been filed. He further submits that the seizure list categorically indicates that the recovery is made from the possession of other co-accused. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, Patna in connection with N.D.P.S. Case No. 213 of 2022 (arising out of Gardanibagh P.S. Case No. 514 of 2022), subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T