Upendra Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5552 of 2016 Arising Out of PS.Case No. -415 Year- 2015 Thana -NARPATGANJ District- ARRARIA ====================================================== Upendra Mukhiya Son of Dukhi Mukhiya .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Arbind Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-02-2016 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 13.10.2015 in a case registered for the offences punishable under sections 8(c), 20(b)(ii)(B) of The Narcotic Drugs and Psychotropic Substances Act, 1985.

From the possession of the petitioner 750 gms. 'ganza' were recovered.

It is submitted by learned counsel for the petitioner that petitioner has wrongly been framed in the case. The recovery is between the small and commercial quantity. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Moreover, the investigation has already concluded.

Patna High Court Cr.Misc. No.5552 of 2016 (2) dt.03-02-2016 2/2 Considering the aforesaid fact, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge NDPS Act, Araria in connection with Special Case No.14/2015 arising out of Narpatganj P.S. Case No.415/2015.

Learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions or gets involved in some serious nature of offence. (Dinesh Kumar Singh, J) Ashwini/- U T