Patna High CourtCR. MISC./70537/2023allowed

Ganesh Raut v. The State Of Bihar

2024-01-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70537 of 2023 Arising Out of PS. Case No.-168 Year-2023 Thana- MAJORGANJ District- Sitamarhi ====================================================== Ganesh Raut S/O Late Ramchandra Raut Village- Madhavpur, P.O. And Ps. Goraita, Dist. Sarlahi, Nepal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2024 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, 20(b)(ii)(B), 22 and 23 of the NDPS Act.

Prosecution case relates to recovery of total 8.400 kg of ganja like substance from the possession of this petitioner along with other co-accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The recovered ganja like substance does not come within the purview of commercial quantity as per NDPS Act.

Patna High Court CR. MISC. No.70537 of 2023(3) dt.18-01-2024 2/2 Nothing has been recovered from the conscious possession of the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 15.06.2023.

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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Majorganj P.S. Case No. 168 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, Sitamarhi. (Sunil Kumar Panwar, J) Shageer/- U T