Shankar Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83728 of 2023 Arising Out of PS. Case No.-182 Year-2023 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Shankar Sao Son Of Late Hari Saw R/O Village- Bathani, P.S.- Nimchak Bathani, Dist.- Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 20, 22 of N.D.P.S. Act.

As per the allegation in F.I.R, 100 grams of Ganza and 290 grams of Bhang like narcotics substance have been recovered from the tobacco shop of the petitioner.

Patna High Court CR. MISC. No.83728 of 2023(2) dt.04-01-2024 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner has no concern with the alleged recovered contraband. The alleged recovered Ganza and Bhang like narcotics substance is lesser than commercial quantity as per N.D.P.S. Act. Moreover, the petitioner is languishing in judicial custody since 03.10.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Nimchak Bathani P.S. Case No. 182 of 2023 on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.83728 of 2023(2) dt.04-01-2024 3/3 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum- Special Judge, N.D.P.S. Act, Gaya. (Sunil Kumar Panwar, J) Lata/- U T