Patna High CourtCR. MISC./89249/2024bail granted

Sagir Ansari v. The State Of Bihar

2025-01-16Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89249 of 2024 Arising Out of PS. Case No.-177 Year-2024 Thana- DHANAHA District- West Champaran ====================================================== Sagir Ansari S/O Sakur Ansari Resident of village - Khalwapatti,P.SDhanaha, District - west Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharad Kumar Verma, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dhanaha P.S. Case No. 177 of 2024, instituted for the offences under Sections 20(b)(ii)(B) and 29 of the NDPS Act.

3. Prosecution allegation, in short, is that there is recovery of 19.200 Kg ganja and one motorcycle from the possession of the petitioner along with other co-accused person.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the alleged recovery of ganja

Patna High Court CR. MISC. No.89249 of 2024(2) dt.16-01-2025 2/2 has been made from the bag of co-accused, namely, Jitendra Sahani. Petitioner is the owner of the motorcycle in question. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 21.08.2024 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhanaha P.S. Case No. 177 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T