Deonath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18034 of 2018 Arising Out of PS. Case No.-78 Year-2017 Thana- NATWAR District- Rohtas ====================================================== Deonath Sah S/o Sukhdeo Sah , R/o Village Natwar, P.O. + P.S.- Natwar, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amish Kumar For the Opposite Party/s :

Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 20 and 21 of the N.D.P.S. Act and Section 41(1) of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that 10.5 kg ganja is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.01.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 10.5 kg ganja is recovered. The same is below from the commercial quantity. There is no compliance of Section 42 of N.D.P.S. Act. Other co-accused has been granted bail vide Annexure-2 to the

Patna High Court Cr.Misc. No.18034 of 2018(2) dt.03-04-2018 2/2 present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum- Special Judge, Excise, Rohtas at Sasaram in connection with Natwar P.S. Case No. 78/2017.

(Sudhir Singh, J) Pankaj/- U T