Ramnath Kumar @ Ramnath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.680 of 2024 Arising Out of PS. Case No.-534 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Ramnath Kumar @ Ramnath Mahto S/O Sarpanch Mahto Resident Of Village - Makhwa, PS Bhagwanpur, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvottam Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 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 8, 20(b)(ii) (B) of the N.D.P.S. Act, 25(1-b)a, 26 of the Arms Act.

3. The petitioner along with co-accused Ramnath Kumar is said to have been apprehended by police and from possession of this petitioner, 1.6 kg ganja was recovered and one country made pistol was recovered from co-accused.

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 petitioner has no concern with the alleged recovery of ganja like narcotic

Patna High Court CR. MISC. No.680 of 2024(2) dt.16-01-2024 2/2 substance and the same is alleged to be 1.6 kg which does not come under purview of commercial quantity as per N.D.P.S. Act. It is further submitted the provision of N.D.PS. Act has not been followed by the prosecution. He has got no criminal antecedent and languishing in judicial custody since 15.9.2023.

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 period, 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 not framed in connection with Muffasil (Singhol) P.S. Case No. 534 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 Special Judge, NDSP Act, Begusarai.

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