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Patna High CourtCR. MISC./72019/2023allowed

Lingraj Jani @ Lingaraj Jani v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72019 of 2023 Arising Out of PS. Case No.-162 Year-2022 Thana- Excise P.S. District- Nawada ====================================================== Lingraj Jani @ Lingaraj Jani Son Of Landa Jani R/O Village- Guchhaguda, P.S.- Bhadagara, District- Ganjam, Odisha. Also At- Govindapur, Sinkulibali, Pundamari Nuagaon, P.S.- Bhadagara, District- Ganjam, Odisha ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Shekhar Pandey For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 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) of the N.D.P.S. Act.

The prosecution story is that the petitioner was apprehended sitting in a vehicle. On search, total 6 kilogram ganja was recovered from his possession.

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

Patna High Court CR. MISC. No.72019 of 2023(2) dt.07-11-2023 2/2 commercial quantity as per N.D.P.S. Act. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that charge has already been framed. Moreover, the petitioner is languishing in judicial custody since 27.06.2022.

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 Nawada Excise P.S. Case No. 162 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 Additional Sessions Judge-I, Nawada. Following condition:- I. One of the bailors shall be resident of Bihar. (Sunil Kumar Panwar, J) manishkumar/- U T