Ramsharan Karki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66786 of 2022 Arising Out of PS. Case No.-405 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== RAMSHARAN KARKI S/O Prembahadur Karki R/O Village- Churiya Mai-2 , P.S- Makwanpur, District- Makwanpur Hethauda (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 21(b) of NDPS Act. As per allegation in the FIR, on seeing the S.S.B. Force, petitioner started to fleeing away but on chase he was apprehended. On search, several strips of tablets and bottles of cough syrup were recoveredfrom his Bajaj Pulsor motorcycle. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this Case. No local person was made as a witness of the seizure list rather seizure list witnesses are police personnel. There is complete violation of provision of Section 50 of the NDPS Act. The recovered

Patna High Court CR. MISC. No.66786 of 2022(5) dt.19-06-2023 2/2 article comes below the commercial quantity. Petitioner has got no criminal antecedent and languishing in judicial custody since 19.08.2022.

Learned APP appearing for the State has opposed the prayer of 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge/Special Judge, East Champaran at Motihari in connection with NDPS Case No. 75 of 2022 arising out of Raxaul (Haraiya) P.S. Case No. 405 of 2022.

(Sunil Kumar Panwar, J) sushma/- U