Raju Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2584 of 2023 Arising Out of PS. Case No.-334 Year-2022 Thana- NADI P.S. District- Patna ====================================================== RAJU KUMAR RAI Son of Surendra Rai Resident of village - Jethuli, P.S.- Nadi, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8, 20, 22, 29 of the N.D.P.S. Act.

As per prosecution case, there has been recovery of total 25.600 Kgs Ganja like substance in plastic Bag, which is adjacent to house of petitioner and two other co-accused said to have also involved.

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 case has been lodged against three persons including this petitioner and two other co-accused alleged to be fled away from the place of occurrence. The seized Ganja like substance has not recovered

Patna High Court CR. MISC. No.2584 of 2023(3) dt.17-04-2023 2/2 from the conscious possession of the petitioner as apparent from seizure list. He submitted that total 25.600 Kgs Ganja belongs to three persons including petitioner so the said seized quantity of Ganja would be divided into three parts then the seized quantity is approx 8.500 Kgs, which does not come within the purview of commercial quantity. Petitioner has got no criminal antecedent as stated in para-3 of the bail application. He is languishing in judicial custody since 31.08.2022. The application for bail is opposed by learned APP for the State.

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 Sessions Judge, Special Judge, NDPS, Patna in connection with Nadi P.S. Case No. 334 of 2022.

(Sunil Kumar Panwar, J) arish/- U T