Gauri Shankar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30987 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -MARANCHI District- PATNA ======================================================

1. Gauri Shankar Singh,

2. Uday Shankar Singh, Both sons of Late Raghu Nandan Singh, resident of Village- Badpur, Police Station- Marachi, District- Patna. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ganesh Prasad Yadav, Advocate. For the Opposite Party : Mr. Ram Naresh Ray, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 25.02.2017 in connection with Special Case No. 33/2017, arising out of Marachi P.S. Case No. 15 of 2017 for the offences instituted under Sections 20, 22 of the NDPS Act and 48 of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that on 24.02.2017 on secret information, the informant recovered 09 plants of Ganja, 35 empty bottles of foreign liquor from the field of the petitioner no. 1 and 02 plants of Ganja from the field of petitioner no. 2. It has been submitted on behalf of the petitioners that the

Patna High Court Cr.Misc. No.30987 of 2017 (2) dt.10-07-2017 2/2 petitioner are in custody since 25.02.2017 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioners. They have got no criminal antecedent. As per prosecution case, 09 plants of Ganja, 35 empty bottles of foreign liquor are said to have been recovered from the field of the petitioner no. 1 and 02 plants of Ganja is said to have been recovered from the field of petitioner no. 2. No compliance of Section 100 Cr. P.C. has been made in the present case.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge/Special Judge, Patna, in connection with Special Case No. 33/2017, arising out of Marachi P.S. Case No. 15/2017. U.K./- (Sudhir Singh, J) U T