Rajesh Roy @ Rajesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2485 of 2024 Arising Out of PS. Case No.-236 Year-2023 Thana- DARBHANGA District- Darbhanga ====================================================== Rajesh Roy @ Rajesh Ray S/O Late Narayan Roy Village/Mohalla- Bhagwan Das, Ps. Town, Distt. Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 22(B) of the N.D.P.S Act.

There is recovery of 78 capsule of Pyeevon spas plus and 45 tablets of Anxit-0.5 from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.2485 of 2024(2) dt.30-01-2024 2/3 been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The alleged recovered medicines are prescribed for pain and depression related problems and these medicines are easily available in online. Moreover, the ingredients of seized medicines which is prohibited under N.D.P.S Act is less than small quantity. The petitioner is languishing in custody since 09.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IX-cum-Special Judge, Darbhanga in connection

Patna High Court CR. MISC. No.2485 of 2024(2) dt.30-01-2024 3/3 with N.D.P.S Case No. 27 of 2023, arising out of Town P.S. Case No. 236 of 2023.

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