Triloki Rai @ Pyare Baba v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40389 of 2017 Arising Out of PS.Case No. -147 Year- 2017 Thana -PUPRI District- SITAMARHI ======================================================
1. Triloki Rai @ Pyare Baba, Son of Late Bilat Rai, Resident of VillageRamnagar, P.S.- Pupari, District- Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-08-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Pupri P.S. Case No. 147/2017 for offences punishable under Sections 8/20 (b)(ii)(A) of the N.D.P.S. Act.
The prosecution case, as lodged by the police personnel is that on secret information that some persons are selling contraband ganja in the market place, the police apprehended four persons including the petitioner. From the possession of the petitioner 70 gms ganja was recovered, and, accordingly, a seizure-list was prepared.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.40389 of 2017 (2) dt.29-08-2017 2/2 petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence and considering the quantity alleged to be recovered, which is much less than the minimum quantity, a sympathetic consideration be given. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Sitamarhi, in connection with Pupri P.S. Case No. 147/2017, subject to the condition that one of the bailors would be a close relative of the petitioner and if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.
(Nilu Agrawal, J) Rajesh/- U T