Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72163 of 2023 Arising Out of PS. Case No.-622 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== Manoj Kumar S/O Rajendra Sahani Village- Ujjainlohiyar Singaha, Ps. Harsidhi, Dist. East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Sharma For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 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) (c) of the N.D.P.S. Act.

As per prosecution case, total 15.107 kg ganja was recovered from semi-constructed house of the petitioner and he was also apprehended on the spot.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to high handedness of the police officials. The petitioner has no concern with the alleged recovery of ganja and the same was lesser than commercial quantity as per N.D.P.S. Act. It is further submitted

Patna High Court CR. MISC. No.72163 of 2023(2) dt.08-11-2023 2/2 that the place of recovery i.e. semi constructed house of the petitioner is under construction and no one was residing there. The petitioner is languishing in judicial custody since 11.12.2022.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Harsidhi P.S. Case No. 622 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Ist Additional Sessions Judgecum-Special Judge East Champaran, Motihari. (Sunil Kumar Panwar, J) manishkumar/- U