Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49378 of 2017 Arising Out of PS.Case No. -252 Year- 2017 Thana -JAKKANPUR District- PATNA ====================================================== Raj Kumar S/o Deshar Ram, Resident of Village-Pathahi, P.S. Punpun District Patna. At Present resident of Kannulal Road P.S. Jakkanpur District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 20/22 of the NDPS Act.

The FIR discloses recovery of 110 grams 'Ganja' from the possession of two persons including the petitioner. Counsel for the petitioner submits that the petitioner is a flower seller and he used to sell some other Puja materials. He further submits that nothing incriminating articles have been recovered from the possession of the petitioner and the alleged recovery comes under the ambit of small quantity. He also submits that the petitioner has no criminal antecedent and he is in custody

Patna High Court Cr.Misc. No.49378 of 2017 (2) dt.17-10-2017 2/2 since 07.08.2017.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Patna N.D.P.S. Act in Special Case No. 114 of 2017 arising out of Jakkanpur P.S. Case No. 252 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if he is, he shall not be released on bail.

(iii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T