Patna High CourtCR. MISC./11446/2019bail granted

Guru Mahto v. The State Of Bihar

2019-02-27Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11446 of 2019 Arising Out of PS. Case No.-161 Year-2018 Thana- HARLAKHI District- Madhubani ====================================================== GURU MAHTO S/o Sri Mangru Mahto R/o Village- Bela, P.S.- Phoolgawa, District- Dhanusha (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Harlakhi P.S Case No. 161/2018, instituted for offences under Section(s) 20, 22 of the N.D.P.S. Act.

It is alleged in the written report that on the date of occurrence informant received information that one person is to enter with some articles from Nepal to India on 22.07.2018. On the same day at 22.30 hours a person was spotted, while he was entering into India, by the team comprising informant along with 4-5 Jawans. The patrolling party asked the person to stop but he started running away. The police party apprehended him, who disclosed his name as petitioner. He was searched by the informant. In course of search two packets were found in a

Patna High Court CR. MISC. No.11446 of 2019(2) dt.27-02-2019 2/2 plastic bag, which seemed to be Ganja. Weight was taken of the seized articles, which came to 9.4kg.

Learned counsel for the petitioner has submitted that from the written report itself it appears that there is no compliance of provision of Section 50 of NDPS Act. Search has been made by SSB Jawan and thereafter seizure-list was prepared.

Petitioner is in custody since 23.07.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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 Addl. Sessions Judge 1st-cum-Special Judge (NDPS Act), Madhubani in connection with Harlakhi P.S Case No. 161/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T