Baichu Khan @ Bechu Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73918 of 2023 Arising Out of PS. Case No.-298 Year-2023 Thana- RAMNAGAR District- West Champaran ====================================================== Baichu Khan @ Bechu Khan S/O Late Mustaque Khan @ Late Mustak Khan Village- Meghwal Mathiya, Ps. Ram Nagar, Dist.West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 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 20, 22 22(C) of NDPS Act.

As per allegation in the FIR, on getting secret information police party proceeded towards place of occurrence, and apprehended one accused, namely Afroj Khan who has disclosed the name of the petitioner, who managed to escape. On search, 8 kilogram ganja like substance was recovered from a bag.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this Case. There is

Patna High Court CR. MISC. No.73918 of 2023(2) dt.02-12-2023 2/2 complete violation of provision of Section 50 of the NDPS Act. There is no FSL report to confirm that the seized article is contraband material. The recovered article comes below the commercial quantity. Petitioner has got no criminal antecedent and languishing in judicial custody since 19.07.2023. 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 learned Distt. & Sessions Judge, West Champaran, Bettiah in connection with Ram Nagar P.S. Case No. 298 of 2023.

(Sunil Kumar Panwar, J) sushma/- U