Umesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80081 of 2024 Arising Out of PS. Case No.-233 Year-2024 Thana- UJIYARPUR District- Samastipur ====================================================== Umesh Ray Son of Krishana Ray R/O Vill.- Ramchandrapur Andhail, P.S.- Ujiyarpur, Dist.- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The NCB, Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-01-2025 Heard Mr. Anant Kumar Mishra, learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in Ujiarpur P.S. Case No. 233 of 2024, instituted for the offences punishable under Sections 8, 20(b), 8(a) of the NDPS Act and Section 37(c) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that there is recovery of 1 Kg 300 gm ganja from the house of co-accused Ram Nath Das and the petitioner was in drunken condition. The petitioner was apprehended on spot.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.80081 of 2024(3) dt.10-01-2025 2/2 present case. No incriminating material has been recovered from the conscious possession of the petitioner. The recovered contraband is below the commercial quantity. It is further submitted that the petitioner has got no concern with the alleged recovery of ganja. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 04.09.2024 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. Other coaccused has been granted bail by this Court vide order dated 30-10-2024, passed in Cr. Misc. No. 78293 of 2024. 5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ujiarpur P.S. Case No. 233 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T