Patna High CourtCR. MISC./77704/2023allowed

Sikendra Yadav v. The State Of Bihar

2023-12-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77704 of 2023 Arising Out of PS. Case No.-118 Year-2023 Thana- DHANAHA District- West Champaran ====================================================== SIKENDRA YADAV SON OF INDRADEV YADAV RESIDENT OF VILLAGE - LAKSHNAHI, POLICE STATION - DHANAHA, DISTRICT - 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.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8/20 (b)(ii)(B) of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 16.926 Kg Ganja from the grain store of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized Ganja. He submitted that seized Ganja like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. No incriminating article has been

Patna High Court CR. MISC. No.77704 of 2023(2) dt.05-12-2023 2/2 recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 16.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. 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 District and Sessions Judge, West Champaran, Bettiah in connection with Dhanaha P.S. Case No. 118 of 2023. (Sunil Kumar Panwar, J) Arish/- U T