PATNA, India, June 16 -- Patna High Court issued the following order on May 16:
Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Ujiyarpur P.S. Case No. 233 of 2024, instituted for the offences punishable under Sections 8, 20(b), 8(a) of the NDPS Act and Section 37(c) of the Bihar Prohibition and Excise Act. Earlier vide order dated 17- 01-2025, passed in Cr. Misc. No. 1611 of 2025, anticipatory bail of the petitioner was rejected by this Court.
3. The prosecution case, in short, is that there is recovery of 1 Kg 300 gm ganja from the house of the petitioner.
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. Petitioner has no concern with the recovered arms. The recovered contraband is below the commercial quantity. It is further submitted that the petitioner has got no concern with the alleged recveory of ganja. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 15.02.2025 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. Other co-accused has been granted bail by this Court vide order dated 30-10-2024, passed in Cr. Misc. No. 78293 of 2024.
5. Learned APP 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 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ujiyarpur P.S. Case No. 233 of 2024.
Disclaimer: Curated by HT Syndication.
