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Patna High CourtCR. MISC./30884/2017bail granted

Amit Kumar @ Mohan Das v. The State Of Bihar

2017-07-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30884 of 2017 Arising Out of PS.Case No. -32 Year- 2017 Thana -SANGRAMPUR District- MUNGER ====================================================== Amit Kumar @ Mohan Das, s/o Medini Sharma, r/o Majhgayan, PSSangrampur, Dist-Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suman Kumar Mishra For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner.

The petitioner seeks regular bail in connection with Sangrampur PS case no. 32 of 2017 registered for the offences punishable under Sections 20/22 of N.D.P.S. Act. Petitioner has been alleged to have been apprehended while fleeing away from his house. A raid was conducted and upon search, 5 kg and 700 gms of ganja was recovered from the house of the petitioner.

Learned counsel for the petitioner submits that nothing has been recovered from the conscious possession of petitioner, however the said ganja has been recovered from his house, in which he has joint possession. It is further submitted that petitioner has clean antecedent and is languishing in judicial custody since 28.03.2017. It is further submitted that since the

Patna High Court Cr.Misc. No.30884 of 2017 (2) dt.06-07-2017 2/2 quantity seized is not commercial quantity, as per the Schedule to the Act, a lenient view for the purpose of regular bail may be taken.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to enlarge the petitioner on regular bail after completion of six months of custody from 28.03.2017 on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of District & Sessions Judge, Munger in connection with Sangrampur PS case no. 32 of 2017.

(Mohit Kumar Shah, J.) rinkee/- U T