Atma Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.325 of 2018 Arising Out of PS.Case No. -137 Year- 2017 Thana -MUZFFARPUR GRP CASE DistrictMUZAFFARPUR ====================================================== Atma Bin, Son of Late Sharda Bin, Resident of village- Mushahari, P.S.- Dhanaha, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No.1, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 17.09.2017 in connection with Muzaffarpur Rail P.S. Case No.137 of 2017 (Muzaffarpur Rail N.D.P.S. Case No.137/17) registered for the offence under Sections 20 and 22 of the NDPS Act. Learned counsel for the petitioner submits that a bag containing 7.800 Kgs. Ganja was found beneath the seat when the petitioner was travelling in Up-Bagh Express. Learned counsel for the petitioner further submits that such recovery of Ganja was not from his conscious possession, rather it was found located under the seat where the petitioner was sitting and travelling in the train. The petitioner is merely a Labourer, who

Patna High Court Cr.Misc. No.325 of 2018 (3) dt.20-02-2018 2/2 was travelling from Kolkata and he has also no criminal antecedent. Moreover, the amount of recovery is said to be 7.800 Kgs, which is much below the commercial quantity. Considering the aforementioned facts and circumstances and that the recovery was not made from the conscious possession of the petitioner and that he was taken into custody on mere suspicion, let the petitioner, above named, be released on bail on his furnishing bail bond 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, Muzaffarpur, in connection with Muzaffarpur Rail P.S. Case No.137 of 2017 (Muzaffarpur Rail N.D.P.S. Case No.137/17). (Anjana Mishra, J) PNM U T