Shyam Nandan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57982 of 2015 Arising Out of PS.Case No. -206 Year- 2015 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Shyam Nandan Thakur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. Dr. Ravindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-01-2016 Heard learned counsels for the petitioner and the State. The petitioner is languishing in jail since 19.09.2015 in a case registered for the offences punishable under Sections 20, 22, 23 and 24 of the NDPS Act.

The petitioner was instigated while travelling on a motorcycle when from the motorcycle, 5 Kgs. of ganja were recovered.

It is submitted by learned counsel for the petitioner that recovery cannot be treated from the possession of the petitioner as the bag was tied with the motorcycle and the petitioner was not aware about the same. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. Moreover, investigation has already concluded.

Considering the recovery between small and

Patna High Court Cr.Misc. No.57982 of 2015 (3) dt.30-01-2016 2/2 commercial quantity, the investigation being concluded and the petitioner being not accused in any other case, let the above named petitioner be released on bail, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-Cum-Special Judge, Motihari, East Champaran in connection with Chiraiya P.S. Case No. 206 of 2015.

Learned court below will be at liberty to cancel the bail bonds of the petitioner if he defaults for two consecutive occasions or substantially gets involved in similar nature of offence. (Dinesh Kumar Singh, J) Amrendra/- U T