Mintu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30304 of 2017 Arising Out of PS.Case No. -164 Year- 2017 Thana -GARKHA District- SARAN ======================================================

1. Mintu Rai, son of Late Sajeevan Rai, Resident of Village- Rikabganj, P.S.- Malsalami, District- Patna .... Petitioner

Versus

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

For the Petitioner : Mr. Kaushal Kumar, Adv. For the Opposite Party : Mr. Dilip Kumar, APP 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-07-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Sections 467, 368 and 414 of the Indian Penal Code and 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

From a Sumo Victa vehicle about 100 gram of ganja was recovered in scattered position. Hence, it was suspected that the vehicle had unloaded huge quantity of ganja somewhere else. On chase the petitioner was apprehended at the spot. Submission of the learned counsel for the petitioner is that merely on presumption no one can be convicted for commission of the offence alleged. The petitioner has stated on oath that he has got no criminal antecedent and is in custody since 12.04.2017.

Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each in connection with Garkha P.S. Case No. 164 of 2017 (G.R. No. 2556 of 2017) to the satisfaction of the Sessions Judge, Saran at Chapra, or successor Court.

(Birendra Kumar, J) SA/- U √ T √