Patna High CourtCR. MISC./20367/2017bail granted

Dilip Kumar Ram @ Dilip Ram v. The State Of Bihar

2017-05-05Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.20367 of 2017 (3) dt.05-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20367 of 2017 Arising Out of PS.Case No. -59 Year- 2016 Thana -BAISI District- PURNIA ====================================================== Dilip Kumar Ram @ Dilip Ram Son of Mahendra Ram, Resident of Village- Ekra, P.S.- Amour, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ambika Bhagat, Adv. For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-05-2017 Heard both sides.

The petitioner seeks bail in Baisi P.S. Case No. 59/2016 corresponding to Special Case No. 01/2016, registered for the offences punishable under Section 20 of the N.D.P.S. Act. The informant S.H.O. Baisi P.S. alleged that while he along with other police officials were checking vehicles, 03 persons on a motorcycle were coming from Dhalkola side, after seeing the police all the 03 persons started fleeing away after leaving the motorcycle. On chase 02 persons namely, Suresh Kumar Ram and Ravi Kumar were apprehended. From the dickey of the motorcycle 02 Kg. 05gm. Ganja was recovered. The apprehended accused disclosed that the petitioner managed to flee away.

Patna High Court Cr.Misc. No.20367 of 2017 (3) dt.05-05-2017 Learned counsel for the petitioner submits that 02 Kg. 05 gm. Ganja was recovered from the vehicle. The petitioner was not apprehended on the spot. Suresh Kumar Ram is brother-in-law of the petitioner. The petitioner handed over his motorcycle to Suresh Kumar Ram and he was carrying Ganja. Suresh Kumar Ram and Ravi Kumar have already been enlarged on bail vide order dated 30.08.2016 passed in Cr. Misc. 37456/2016. The recovered Ganja is more than small quantity, but less than commercial quantity. The petitioner is in jail for more than 03 months.

Considering the facts aforesaid and the fact that petitioner was not apprehended on the spot and name of the petitioner figured in the case on disclosure made by his brother-inlaw Suresh Kumar Ram and Ravi Kumar, but they have already been enlarged on bail, the petitioner above-named, 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 Special Judge, N.D.P.S. Act, Purnea in connection with Baisi P.S. Case No. 59/2016 corresponding to Special Case No. 01/2016.

(Prabhat Kumar Jha, J.) Vinita/- U T