Rohit Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7545 of 2024 Arising Out of PS. Case No.-298 Year-2023 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== Rohit Rai S/o LATE MUSAN RAI R/V SALEMPUR, P.S CHAINPUR, DIST KAIMUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Mishra For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(c), 20(b) (ii) (B) and 29 of the N.D.P.S. Act.

As per FIR, the petitioner and co-accused person were apprehended on the spot along with a motorcycle. During investigation, from the said motorcycle total 04.100 kilogram ganja was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to high handedness of the police officials. The petitioner has no concern

Patna High Court CR. MISC. No.7545 of 2024(2) dt.17-02-2024 2/2 with the alleged recovery of ganja and the same was lesser than commercial quantity as per N.D.P.S. Act. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 05.02.2024 passed in Cr. Misc. No. 4301 of 2024. It is further submitted that the petitioner is languishing in judicial custody since 10.10.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Bhagwanpur P.S. Case No. 298 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 Sessions Judge-cumSpecial Judge Bhabhua, Kaimur. (Sunil Kumar Panwar, J) Amandeep/- U T