Patna High CourtCR. MISC./71823/2023allowed

Rahul Patel v. The State Of Bihar

2023-11-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71823 of 2023 Arising Out of PS. Case No.-168 Year-2023 Thana- MAJORGANJ District- Sitamarhi ====================================================== Rahul Patel Son Of Bhagnarayan Raut Resident Of Village Madhavpur, P.O. And P.S.- Goraita, District- 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 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 20(b)(ii)(B), 23 and 22 of the NDPS Act.

3. 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.

4. 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. Nothing has been recovered from the conscious possession of the petitioner. A statement has been

Patna High Court CR. MISC. No.71823 of 2023(2) dt.07-11-2023 2/2 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.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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) Shubham/- U T