Bhola Sao @ Bhola Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13928 of 2021 Arising Out of PS. Case No.-584 Year-2020 Thana- ALAMGANJ District- Patna ====================================================== BHOLA SAO @ BHOLA SAW Son of Rajendra Sav R/o- Baliyari, P.S.- Bikram, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Jagdhar Pd. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Alamganj P.S. Case No. 584 of 2020 corresponding to Special Case No. 144 of 2020, registered for the offence punishable under Sections 20/22 of the NDPS Act.

As per the prosecution case, 810 gms. of Ganja and cash of Rs. 13760/- has been recovered from possession of this petitioner.

It is submitted on behalf of the petitioner that nothing has been recovered from conscious possession of this petitioner. The recovered Ganja is of small quantity, as such rigorous of Section 37 of the NDPS Act, would not be attracted. Mandatory

Patna High Court CR. MISC. No.13928 of 2021(2) dt.01-07-2021 2/2 provision of search and seizure has not been followed and petitioner is in custody since 27.09.2020.

Considering the period of custody and the fact that small quantity of Ganja was recovered, the petitioner abovenamed, is 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 of the learned Additional District and Sessions Judge IX, Patna in connection with Alamganj P.S. Case No. 584 of 2020 corresponding to Special Case No. 144 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T