Govind Kumar Mahton @ Natwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30873 of 2015 Arising Out of PS.Case No. -18 Year- 2014 Thana -BEGUSARAI GRP CASE DistrictBEGUSARAI ====================================================== Govind Kumar Mahton @ Natwar, S/o Deep Narayan Mahton, resident of village - Korai Tola Badia, P.S.- Garhpura, District - Begusarai .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Naresh Singh, Advocate For the Opposite Party/s : Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 22-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Barauni Rail P.S. Case No. 18 of 2014 registered for the offence punishable under Sections 20 and 22 of the N.D.P.S. Act. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 26.09.2014 passed in Cr. Misc. No.34918 of 2014.

According to the prosecution case, altogether four Ativan tablets were recovered form the possession of the petitioner.

Patna High Court Cr.Misc. No.30873 of 2015 (2) dt.22-07-2015 2 / 2 It has been contended that by now the petitioner has remained in custody for more than fifteen months. Ativan (Lonazepam), an anti anxiety medicine is merely a white powder almost insoluble in water. Each Ativan tablet to be taken orally containing 0.5 mg., 1 mg. or 2 mg. Lonazepam. On the basis of the aforesaid submission, it has been contended that even if the allegations made in the FIR is taken on its face value, the recovery of Ativan tablets would involve quantity for which the petitioner may be awarded maximum punishment of six months. Regard being had to the facts and circumstances of the case, the petitioner Govind Kumar Mahton @ Natwar is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, Begusarai in connection with NDPS Case No. 02 of 2014 arising out of Barauni Rail P.S. Case No. 18 of 2014.

(Ashwani Kumar Singh, J.) Sanjeet/- U T