Patna High CourtCR. MISC./68846/2023bail granted

Suresh Ray @ Suresh Rai v. The State Of Bihar

2023-11-01Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68846 of 2023 Arising Out of PS. Case No.-13 Year-2023 Thana- DERNI BAZAR District- Saran ====================================================== SURESH RAY @ SURESH RAI S/o- TAPESHWAR RAI Village- Nawada Bedwaliya PS- Derni Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Derni Bazar P.S.Case no. 13 of 2023 registered under sections 8, 20, 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act.

3. As per the prosecution case, two accused were caught by the police during vehicle checking and it is stated that 1 kg. of ganja was recovered from the motorcycle. It is further stated that the accused who was caught disclosed that the ganja was given to them by the petitioner ie their father.

4. It is submitted by learned counsel for the petitioner that from the prosecution case itself it would be evident that neither the petitioner was arrested at the spot or any incriminating article has been recovered from his possession.

Patna High Court CR. MISC. No.68846 of 2023(2) dt.01-11-2023 2/2 He is in custody since 16.8.2023 and has no criminal antecedent. Chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, his being in custody since 16.8.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Derni Bazar P.S. Case no. 13 of 2023 on furnishing 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-cum-Special Judge, Saran at Chapra. (Partha Sarthy, J) Bibhash/- U