Dillu Prasad Patel And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9829 of 2018

1. Dillu Prasad Patel, S/o Kallu Prasad Patel, Aged About 25 Years, Caste Kurmi, R/o Village Bhouvar, Police Station Manigaya, District Riwa M. P. At Present R/o Uday Nagar (Mawalipara) Kanker District Uttar Bastar Kanker (CG)

2. Sugrive Patel S/o Rampravesh Patel Aged About 34 Years R/o Village Akalsi, Police Station Garh District Riwa (MP) ---- Applicants

Versus

• The State Of Chhattisgarh Through the Station House Officer, Police Station Narharpur, District Uttar Bastar Kanker (CG) ---- Respondent For Applicants :

Shri Amit Sahu, Advocate For Respondent :

Shri R.K. Mishra, Government Advocate.

Hon'ble Shri Justice Parth Prateem Sahu Order On Board 20/12/2018

1. The applicants have preferred this bail application under Section 439 of CrPC as they have been arrested in connection with Crime No.103/2018 registered at Police Station Narharpur, District North Bastar Kanker (CG) for commission of offence punishable under Section 20-B of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. The prosecution story, in brief, is that the applicants along with another accused were travelling on a motorcycle bearing registration number MP04-MK-8839 and coming from Odhisha. They were intercepted by the police near Forest Department Nursery situated at Salhetoal-Bhimadih Road and during search, the police seized 8.052 kilogram of ganja kept in a packet. A joint seizure has been made from all the three accused persons.

3. Learned counsel for the applicants submits that joint seizure has been made from all the accused persons and co-accused with similar

allegations has been granted regular bail by this Court vide order dated 28.11.2018 in M.Cr.C. No.8135/2018. Hence, the applicants may also be granted regular bail.

4. On the other hand, learned counsel for the State has opposed the bail application.

5. Considering the facts and circumstances of case, the fact that 8.052 kilogram of ganja has been seized from joint possession of accused persons, co-accused Maneshwar Jain having similar allegation has been granted bail, the applicants herein are in custody since 29.9.2018 and disposal of trial may take time, I am inclined to release the applicants on regular bail.

6. Accordingly, the bail application is allowed and it is directed that the applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed.

7. Certified copy as per rules.

Sd/- (Parth Prateem Sahu) Vacation Judge roshan/-