Surendra Turha @ Surendra Prasad @ Labra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70358 of 2023 Arising Out of PS. Case No.-18 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== SURENDRA TURHA @ SURENDRA PRASAD @ LABRA S/O JAWAHAR PRASAD @ JAWAHAR SAH R/O VILLAGE AND P.OMASARH, P.S- UDWANTNAGAR, DISTT.- BHOJPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Renu 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 8, 20(b)(ii) (c), 22, 27(a), 29 of the N.D.P.S. Act.

3. As per FIR, prosecution case relates to recovery of total 29.315 Kg of incriminating ganja from house of the coaccused Oma Shankar Chaudhary @Oma Choudhary.

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 petitioner has no concern with the alleged recovery of ganja like narcotic substance and the same was recovered from house of co-

Patna High Court CR. MISC. No.70358 of 2023(2) dt.07-11-2023 2/2 accused namely, Oma Shankar Choudhary who disclosed about involvement of the petitioner. Neither the petitioner was arrested on spot nor any incriminating material has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 18.7.2023.

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 after framing of charge, if not framed, in connection with Nawanagar (Sonbarsha) P.S. Case No. 18 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 District-Judge-cum-Special Judge, N.D.P.S. Act, Buxar. (Sunil Kumar Panwar, J) Amandeep/- U T