Bagindra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2234 of 2019 Arising Out of PS. Case No.-797 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Bagindra Rai Risedent of Village-Gosainpur, P.S -Siwaipatti, District Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 25.07.2018 in connection with Ahiyapur P.S. Case No. 797 of 2018 registered for the offences punishable under Sections 20, 22 of N.D.P.S. Act.

From the possession of the petitioner 8.5 k.g. Ganza was recovered.

It is submitted by learned counsel for the petitioner that the petitioner is maliciously named in the present case. The bag of Ganza was not actually recovered from the conscious possession of the petitioner but it was hanging on the motorcycle, which was being driven by the petitioner. It is further submitted that petitioner has no criminal antecedent, as

Patna High Court Cr.Misc. No.2234 of 2019(2) dt.17-01-2019 2/2 statement made in para 3 of the bail petition. Learned A.P.P. has vehemently opposed the prayer for bail and submitted that recovery has been made from the petitioner.

Considering the recovery which is between small and commercial quantity and statement in para 3 of the bail petition having no criminal antecedent and the period of custody, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cumSpecial Judge, Muzaffarpur in connection with Ahiyapur P.S. Case No. 797 of 2018.

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