Arjun Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31637 of 2016 Arising Out of PS.Case No. -173 Year- 2016 Thana -NAUBATPUR District- PATNA ====================================================== Arjun Roy Son of Mahendra Roy Resident of village - Mail, P.S. Bidupur, District - Vaishali .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vasant Vikas, Adv. For the Opposite Party/s : Mr. Anil Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-07-2016 Heard learned counsel for the parties.

The petitioner is languishing in custody since 12.6.2016 in a case registered for the offences punishable under section 8, 20(b)(ii)(c), 25. 29 of the N.D.P.S.Act.

Prosecution case is that on secret information that trafficking of Ganja is going on from a house situated near Puja Printing Press, the house of Suraj Sao was raided when Suraj Sao escaped from the scene with two packets of Ganja but three persons were apprehended, namely, co-accused Ramesh Kumar, Subhash Kumar and the petitioner Arjun Roy. From the possession of the petitioner 900 gram of Ganja was recovered, whereas from the possession of Ramesh Kumar one mobile was recovered. 2 Kgs. of Ganja was recovered from the verandah of Suraj Sao.

Patna High Court Cr.Misc. No.31637 of 2016 (2) dt.28-07-2016 It is submitted by the learned counsel for the petitioner that recovery is of small quantity. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Mr. Anil Kumar Singh, learned counsel for the State, does not controvert recovery of small quantity of Ganja. Considering the small quantity of recovery having no criminal antecedent, let the petitioner, abovenamed, 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 the Sessions Judge, Patna in Naubatpur P.S.Case No. 173/2016. The bail bonds of the petitioner shall be accepted by the learned court below on filing affidavit that he will regularly cooperate in the investigation. Non-cooperation in the investigation or in case of default in appearing in court for two consecutive occasions or on getting substantially involved in similar nature of offence will give liberty to the learned court below to cancel the bail bonds of the petitioner.

(Dinesh Kumar Singh, J) Surendra/- U