Umesh Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1434 of 2016 ======================================================

1. Umesh Sah S/o Ramyadi Sah

2. Santosh Sah S/o Late Vasanti Sah

3. Amardeo Sah, s/o- Late Bhola Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Pandey, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2016 Heard learned counsels for the petitioners and the State.

The petitioners are languishing in custody since 01.08.2015 in a case registered for the offences punishable under sections 18, 20 and 22 of The Narcotic Drugs and Psychotropic Substances act, 1985.

On secret information that 'ganja' is being transported through a bus, the bus was intercepted when five persons were seen with black colour bag when one person after throwing the bag escaped from the scene while four persons were apprehended including the petitioners namely, Umesh Sah, Santosh Sah, Amardeo Sah and co-accused Raj Kumar Choubey. Subsequently, one bag which was thrown by the co-accused was also recovered and from each bag 4 kgs of 'ganja' were recovered.

Patna High Court Cr.Misc. No.1434 of 2016 (3) dt.18-02-2016 2/2 It is submitted by learned counsel for the petitioners that the petitioners have no criminal antecedent, a statement to that effect has been made in paragraph 3 to the petition and the investigation has already concluded.

Considering the fact that the recovery is between small and commercial quantity though it is more than the small quantity and the petitioners have no criminal antecedent, let the above named petitioners be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bettiah, West Champaran in connection with Bettiah Mufasil P.S. Case No.447/2015.

(Dinesh Kumar Singh, J) Ashwini/- U T