Subhash Mukhiya v. The State Of Bihar

Patna High Court Cr.Misc. No.5810 of 2018 (2) dt.02-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5810 of 2018 Arising Out of PS.Case No. -240 Year- 2017 Thana -SINGHESHWARASHTHAN DistrictMADHEPURA ======================================================

1. Subhash Mukhiya S/o Narayan Mukhiya, R/o Village- Jajhat Sabaila, P.S.- Singheshwar, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surya Narayan Yadav For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been in custody since 03.11.2017 in connection with Singheshwar P.S. Case No. 240 of 2017 for the offence registered under Sections 20 and 22 of the N.D.P.S. Act. Learned counsel for the petitioner submits that only 300 Grams of Ganja was said to have been recovered from the petitioner. However, he submits that the same was recovered from the counter or shop in a black packet and not from the conscious possession of the petitioner. He further submits that the seizure list has also not been prepared in his presence.

Considering the aforesaid facts and circumstances of the case and that the recovery is of small quantity, let the

Patna High Court Cr.Misc. No.5810 of 2018 (2) dt.02-02-2018 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 Sessions Judge-cum-Special Judge, Madhepura in connection with Singheshwar P.S. Case No. 240 of 2017.

(Anjana Mishra, J) Jagdish/- U T