Shankar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10207 of 2016 Arising Out of PS.Case No. -551 Year- 2015 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ======================================================
1. Shankar Singh Son of Sri Ram Tawakya Singh, Resident of Village + P.O. - Kanchanpur, P.S. - Sasaram (T), District - Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. B.Ram(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-03-2016 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 02.12.2015 in a case registered for the offences punishable under sections 20, 22 and 23 of N.D.P.S. Act.
From the possession of the petitioner 250 grams of Ganja and 7 grams of brown sugar were recovered. It is submitted by learned counsel for the petitioner that weight of brown sugar was taken along with the plastic packet in which it was kept and, hence, it does not appear that weight of brown sugar was more than 5 grams which is small quantity. Though, the petitioner is accused in some other cases also but none of these cases are registered under the N.D.P.S. Act and he is
Patna High Court Cr.Misc. No.10207 of 2016 (3) dt.28-03-2016 2/2 on bail in those cases. Statement to that effect has been made in paragraph 3 of the petition, which reads as follows:- "3. That except this case, the petitioner has been made accused in Dehri (T) P.S.case No. 407/2015 for the offence under Sections 341, 353, 504, 506, 379, 414, 120(B) IPC, 4 (1-a), 21(1) D.E. Act, 40(1) B. M. Act, 33, 41 and 42 of Forest Act and Dehri (T) P.S.case No. 363/2015 under Sections 147, 148, 149, 353, 332, 307, 379, 411, 120(B), 325, 504, 506 IPC, 4(1-a), 21(1) D.E. Act, 40(1) B. M. Act, 33, 41, 42 of Forest Act and 27 Arms Act and in both the cases the petitioner is enjoying the privilege of bail."
Moreover, the investigation has already been concluded.
Considering the recovery of small quantity of Ganja and also recovery of brown sugar, slightly above the small quantity, coupled with the fact that investigation has already been concluded, 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 Additional Sessions Judge-IV, Rohtas at Sasaram in connection with Dehri (T) P.S. Case No. 551 of 2015.
(Dinesh Kumar Singh, J) BKS/- U T