Ramashray Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1996 of 2024 Arising Out of PS. Case No.-812 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Ramashray Prasad S/o Ram Dular Bind @ Ramdayal Bind R/o VillageSarangpur, P.S.- Bhabua, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 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 8(C), 21(B), 29 of the N.D.P.S Act.

There is recovery of 3.78 grams of heroin/smack from the possession of the petitioner. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered

Patna High Court CR. MISC. No.1996 of 2024(2) dt.29-01-2024 2/3 from the conscious possession of the petitioner. The petitioner has no concern either with the apprehended accused or the heroin/smack. Moreover, the seized contraband does not come within the purview of commercial quantity. The petitioner is languishing in custody since 06.09.2023. 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 after framing of charge, if the charge has still not been framed and 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-I-cum-Special Judge, N.D.P.S Act, Kaimur at Bhabua in connection with

Patna High Court CR. MISC. No.1996 of 2024(2) dt.29-01-2024 3/3 N.D.P.S Case No. 68 of 2023, arising out of Bhabua P.S. Case No. 812 of 2023.

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