Patna High CourtCR. MISC./16506/2020bail granted

Hari Nath Rai v. The State Of Bihar

2020-06-01Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16506 of 2020 Arising Out of PS. Case No.-442 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== HARI NATH RAI Son of Late Ram Bali Rai Resident of Village - Bharatpur, Ward No. 02, P.S.- Gayaghat, Distt - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anju Jha For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-06-2020 The petitioner, who is in custody since 14.10.2019, seeks bail in connection with Darbhanga Sadar (Mabbi O.P.) P. S. Case No. 442 of 2019 (NDPS 20/2019) dated 14.10.2019 instituted for the offences under Sections 20B/22 of Narcotic Drugs and Psychotropic Substances Act, 1985.

The petitioner was pillion riding a motorcycle and from his possession four and a half kg. of Ganja was recovered. The driver of the motorcycle managed to flee away.

It has been averred in the bail petition that the

Patna High Court CR. MISC. No.16506 of 2020(2) dt.01-06-2020 2/2 procedure for arresting and effecting personal search of the petitioner was not followed.

Considering the quantity of Ganja which is said to have been recovered, which is though more than the small quantity but much less than the commercial quantity and the period of custody of the petitioner and taking into account his clean antecedents, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge (NDPS Act), Darbhanga in connection with Darbhanga Sadar (Mabbi O.P.) P. S. Case No. 442 of 2019 (NDPS 20/2019). One of the bailors shall be a close relative of the petitioner.

(Ashutosh Kumar, J) skm/- U