Chhabil Paswan @ Chhabil Kumar @ Chhabila Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5848 of 2015 Arising Out of PS.Case No. -599 Year- 2014 Thana -KHAGARIA District- KHAGARIA ====================================================== Chhabil Paswan @ Chhabil Kumar @ Chhabila Kumar Son of China Paswan Resident of Village - Mathar (Rahimpur), Police Station - Muffasil, District - Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.6642 of 2015 Arising Out of PS.Case No. -599 Year- 2014 Thana -KHAGARIA District- KHAGARIA ====================================================== Mohan Kumar s/o Jarban Ram, Resident of Village- Maheshkhunt, English Tola, P.S.- Maheshkhunt, District- Khagaria .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.5848 of 2015) For the Petitioner/s : Mr. Pankaj Kumar Jha For the Opposite Party/s : Mr. Narendra Kr. Singh(App) (In Cr.Misc. No.6642 of 2015) For the Petitioner/s : Mr. Achhaibar Singh For the Opposite Party/s : Mr. Subhash Chandra Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-04-2015 Heard both sides.

The petitioners seek bail in Khagaria P.S. Case No. 599 of 2014 under Sections 20, 22 and 23 of the N.D.P.S. Act. The petitioners were apprehended while they were carrying Ganja on a motorcycle, bearing registration no. BR-34B7360. 8.300 Kg of Ganja was recovered from the possession of

Patna High Court Cr.Misc. No.5848 of 2015 (4) dt.21-04-2015 2/2 both the petitioners. It is submitted that the Ganja was not weighed at the time of recovery and, therefore, its weight is not mentioned in the seizure list. The petitioners are in jail since 24.09.2014. The petitioners have already remained in jail for about seven months for recovery of 8.300 Kg of Ganja. The recovered Ganja is less than the commercial quantity but, of course, more than small quantity.

Considering the facts aforesaid and the fact that the petitioners have already remained in jail for about seven months, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction the learned 1st Addl. Sessions Judge-cum-Special Judge, Khagaria in Special Case No. 08/2014, arising out of Khagaria P.S. Case No. 599/2014, corresponding to G.R. No. 2109/2014. (Prabhat Kumar Jha, J) Dilip/- U T