Rajesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69032 of 2022 Arising Out of PS. Case No.-719 Year-2022 Thana- BIHTA District- Patna ====================================================== RAJESH MANJHI S/o Late Sidhari Manjhi R/o Village- Bata Mushari, P.S.- Bihta, Distt- Patna, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Kant Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 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(c ), 212(a), 27 of Narcotic Drugs and Psychotropic Substance Act, 1985. Prosecution case relates to recovery of 50 sachet weighing total 15.700 gram smack like substance from three accused persons, out of which, 20 sachet were recovered from pant pocket of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The recovered quantity (6.28 gram) from the pant pocket of the petitioner comes between small and commercial quantity. Provisions of Section 50 of NDPS Act has not been

Patna High Court CR. MISC. No.69032 of 2022(2) dt.20-03-2023 2/2 followed. He has been falsely implicated in this case. Petitioner is languishing in judicial custody since 25.07.2022. 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 learnedAdditional Sessions Judge XXIV-cum-Special Judge NDPS Patna, Distt. Patna in connection with Special Case (NDPS) No. 126 of 2022 arising out of Bihta P.S. Case No. 719 of 2022. (Sunil Kumar Panwar, J) sushma/- U