Sanjay Patel @ Laltu Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80194 of 2023 Arising Out of PS. Case No.-649 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Sanjay Patel @ Laltu Raut Son Of Shivnath Raut R/O Vill - Balganga, P.S. - Raghunathpur (O.P), Distt. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 20, 22 and 24 of the NDPS Act.
3. Prosecution case relates to recovery of 372 grams of ganja and 4 grams of smack from the possession of this petitioner.
4.Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The recovered ganja and smack like intoxicating substance do not come within the purview of commercial quantity as per NDPS Act. He has no
Patna High Court CR. MISC. No.80194 of 2023(2) dt.14-12-2023 2/2 concern with the seized contraband. Moreover, he is languishing in judicial custody since 07.06.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge if the charge is not framed in connection with Turkauliya (Raghunathpur) P.S. Case No. 649 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cumSpecial Judge, East Champaran at Motihari. (Sunil Kumar Panwar, J) Shubham/- U T