Karu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34740 of 2016 Arising Out of PS.Case No. -118 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictBANKA ======================================================
1. Karu Singh Son of Late Sarwan Prasad Singh, Resident of village - Panjwara, P.S. Panjwara ( Banka ), District Banka .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the State : Mr. J.N. Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-08-2016 Heard learned counsel for the petitioner and the State.
Petitioner is languishing in custody since 03.05.2016 in a case registered for the offences punishable under Sections 20(b) of the Narcotics Drugs and Psychotropic Substances Act.
The prosecution case is that from the fruit shop of the petitioner 150 G.m ganja was recovered. It is submitted by the learned counsel for the petitioner that recovery is from the open area. Moreover, the quantity of recovery is small. Though, the petitioner is accused in one other case i.e. Banka (Panjwara)P.S. Case No. 261 of 2010, registered under Sections 20, 22 of the Narcotics Drugs and Psychotropic Substances Act, but he is
Patna High Court Cr.Misc. No.34740 of 2016 (2) dt.18-08-2016 on bail. Statement to that effect has been made in para-3 of the petition.
Mr. J.N. Thakur, learned counsel for the State does not controvert the quantity of recovery. Considering the small quantity of recovery, let the above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, N.D.P.S. Act, Banka in connection with Prosecution Case No. C/7-118 of 2016.
The learned court below will be at liberty to cancel the bail bonds of the petitioner, if he substantially gets involved in similar nature of the offence, or if he defaults for two consecutive occasions.
(Dinesh Kumar Singh, J) P.K./- U T