Prasadi Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25586 of 2016 Arising Out of PS.Case No. -46 Year- 2016 Thana -PASRAHA District- KHAGARIA ======================================================

1. Prasadi Mandal son of Bindeshwari Mandal resident of Teliya Bathan, Police Station- Pasraha, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-07-2016 Petitioner is languishing in custody since 08.04.2016 in a case registered for the offences punishable under Sections 20, 22 of the N.D.P.S. Act.

On secret information that petitioner deals with ganja, the house of the petitioner was raided when in the verandah of the house, 3 Kg ganja wrapped in a plastic bag was recovered.

It is submitted by learned counsel for the petitioner that recovery has been made from the joint family house and open area. Moreover the investigation has already concluded.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Mr. J.N. Thakur, learned counsel for the State does not controvert the quantity of recovery.

Patna High Court Cr.Misc. No.25586 of 2016 (4) dt.11-07-2016 2/2 Considering the quantity between small and commercial quantity and petitioner having no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Khagaria in connection with Special Case No. 03 of 2016, arising out of Pasraha P.S. Case No. 46 of 2016.

Let learned Court below cancel the bail bonds of the petitioner, if the petitioner gets substantially involved in similar nature of offence or defaults for two consecutive occasions during trial.

(Dinesh Kumar Singh, J) Shageer/- U T