Surendra Prasad @ Ashok Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53249 of 2018 Arising Out of PS. Case No.-110 Year-2017 Thana- SACHIVALAYA District- Patna ====================================================== Surendra Prasad @ Ashok Prasad S/o Late Raja Ram Sao, R/o vill.- Sadisopur Bazar, P.S.- Bihta, District- Patna and at present Near Yarpur Gumti, P.S.- Gardanibagh, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyank Deepak For the Opposite Party/s :

Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-10-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Special (N.D.P.S.) Case No. 107 of 2018 arising out of Sachiwalay P.S. Case No. 110 of 2017 registered for the offences punishable under Sections 20(b) (ii) (a) (b) of the Narcotics Drugs and Psychotropic Substance Act. Allegation against petitioner is recovery of 1.25 kilogram of Ganja from his possession.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recovered from the possession of the petitioner. He is neither indulged in selling

Patna High Court Cr.Misc. No.53249 of 2018(4) dt.25-10-2018 2/2 of Ganja nor purchaser of the same. He has not criminal antecedent.

Petitioner has earlier moved to another co-ordinate Bench of this Court for bail vide Cr. Misc. No. 50986 of 2017 which was rejected on 20.11.2017 with a liberty to renew his prayer for bail after eight months. Petitioner is in custody since 31.07.2017.

Considering the aforesaid facts and circumstances of the case and the observation made in order dated 20.11.2017 passed in Cr. Misc. No. 50986 of 2017, petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge, Patna in connection with Special (N.D.P.S.) Case No. 107 of 2017 arising out of Sachiwalaya P.S. Case No. 110 of 2017. (S. Kumar, J) Rajiv/ManojU T