Patna High CourtCR. MISC./82825/2023allowed

Pappu Mahto v. The State Of Bihar

2024-01-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82825 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- NAYAGAON District- Begusarai ====================================================== Pappu Mahto Son Of Jagdish Mahto Resident Of Village- Nayagaon, Navtoliya, Ps- Nayagaon, Distt- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Kumar Singh For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 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 and 22 of the NDPS Act.

3. Prosecution case relates to recovery of 1.5 kg of ganja like intoxicating substance from the possession of the 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 does not come within the purview of commercial quantity as per NDPS Act. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he

Patna High Court CR. MISC. No.82825 of 2023(2) dt.02-01-2024 2/2 is languishing in judicial custody since 18.06.2023.

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 Nayagaon P.S. Case No. 33 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 District and Sessions Judge-cum-Special Judge (NDPS) Act, Begusarai.

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