Mahipal Chaurasiya And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32973 of 2014 Arising Out of PS.Case No. -40 Year- 2014 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mahipal Chaurasiya

2. AJAY KUMAR.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Dr. Ravindra Kr.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-03-2015 Heard learned counsels for the petitioner and the State. The petitioners are languishing in jail since 31.01.2014 in a case registered for the offences punishable under Sections 20 and 22 of the NDPS Act.

From the bag being carried by the petitioners on a bicycle, 10 kgs. of ganja were recovered.

It is submitted by learned counsel for the petitioners that recovery has not been made from personal possession of the petitioner and a statement has been made in para 3 of the petition that the petitioners have no criminal antecedent. The report of the learned 1st Addl. Distt. and Sessions Judge, East Champaran, Motihari dated 24.02.2015 at Flag-X reflects that the charges have not been framed as yet. Considering the quantity of recovery, the period under

Patna High Court Cr.Misc. No.32973 of 2014 (5) dt.31-03-2015 2/2 custody and there is no likelihood of conclusion of trial in near future, let the above named petitioner be released on bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Addl. Sessions Judge, Motihari, East Champaran in connection with Ghorasahan P.S. Case No. 40 of 2014..

Learned trial court will be at liberty to cancel the bail bonds of the petitioners if they default for two consecutive occasions or get involved in some serious nature of offence. (Dinesh Kumar Singh, J) Amrendra/- U T