Umesh Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50837 of 2017 Arising Out of PS. Case No.-211 Year-2017 Thana- SURSAND District- Sitamarhi ====================================================== Umesh Prasad Gupta S/o Late Mohan Prasad Gupta, resident of Village- Mail Pakari, P.S.- Biddupur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar For the Opposite Party/s :

Mr. SRI UDAY CHAND PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-11-2017 Heard both sides.

Prayer is for grant of bail in Sursand P.S. Case No. 211 of 2017 registered under diverse sections of the NDPS Act. The petitioner was allegedly found in possession of a bag containing 1.7 kg of Ganja.

Learned counsel for the petitioner submits that in effecting the seizure specific provisions have been breached. One kg of Ganja is a small quantity for which a lessor punishment is provided. The petitioner is in custody since 10.08.2017 having no previous criminal antecedents.

Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sessions Judge-cum-

Patna High Court Cr.Misc. No.50837 of 2017(2) dt.09-11-2017 2/2 Special Judge, Sitamarhi in Sursand P.S. Case No. 211 of 2017 on condition that one of the bailors shall be his own/close family member. As soon as the charges are framed, he shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall cancel his bail bonds and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) HR/- U T