Suresh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47329 of 2018 Arising Out of PS. Case No.-156 Year-2018 Thana- BATHNAHA District- Sitamarhi ====================================================== Suresh Kumar, son of Lakhan Singh @ Lakhan Singh, resident of village Jalshi, P.S. Sahiyara, district Sitamarhi ... Petitioner

Versus

1. The State Of Bihar

2. The Union of India through the Director, Narcotic Drugs and Psychotropic Substances, Government of India ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar, Adv.

For the State :

Mr. Satyavarat Verma, APP 171 For the UOI :

Mr. Ajay Kumar No. 1, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 02-08-2018 Heard learned counsel for the petitioner, the Union of India and the learned Additional Public Prosecutor. This is a petition for grant of regular bail in connection with Bathnaha P.S. Case No. 156 of 2018 for offences under Section s 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act.

The accusation is that the petitioner was found in possession of 2 Kg of ganja as he used to sell ganja, and according his disclosure, he used to purchase ganja from Chunchun Sah from whose house 3 Kg ganja was recovered. Learned counsel for the petitioner submits that allegation is that ganja was being sold from shop dealing in watch and the owner of that shop has not been made accused in this case. However, the quantity is only 2 Kg, very small

Patna High Court Cr.Misc. No.47329 of 2018(2) dt.02-08-2018 2/2 quantity and petitioner has no criminal antecedent. Having considered the aforesaid facts and circumstances, the petitioner, above named, is directed to be released on bail, after framing of the charge, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Bathnaha P.S. Case No. 156 of 2018 to the satisfaction of the Special Judge, Sitamarhi, on the conditions that one of the bailors must be close family member of the petitioners and secondly, the petitioner shall appear on each and every date before the trial Court and in case of absence on two consecutive dates without any reasonable cause his bail bond shall be liable to be cancelled by the trial Court.

(Arun Kumar, J) ShamshadSaurabh/- U T