Patna High CourtCR. MISC./69200/2022allowed

Shambhu Sah @ Shambhu Prasad @ Shambhu Ji v. The State Of Bihar

2023-02-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69200 of 2022 Arising Out of PS. Case No.-618 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== SHAMBHU SAH @ SHAMBHU PRASAD @ SHAMBHU JI SON OF LATE MAKHAN SAH R/O MOHALLA- FULMAT MAI ASTHAN, JANKI ASTHAN, CHAKMAHILA, P.S.- SITAMARHI, DISTRICT- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 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 8, 20(b)(ii)(B) of the NDPS Act.

Prosecution case relates to recovery of 272 gram of Ganja from the shop of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Nothing has been recovered from conscious possession of the petitioner. Police has not complied the mandatory provision of Section 50 of the NDPS Act. Recovered quantity of Ganja comes within the purview of smaller quantity. Petitioner

Patna High Court CR. MISC. No.69200 of 2022(2) dt.28-02-2023 2/2 is languishing in judicial custody since 23.09.2022. The application for bail is opposed by learned APP for the State.

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 Special Judge, Sitamarhi in connection with Sitamarhi P.S. Case No. 618 of 2022.

(Sunil Kumar Panwar, J) sushma/- U