Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43520 of 2017 Arising Out of PS.Case No. -143 Year- 2017 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sanjay Kumar S/o Ambika Sahni, Resident of Village-Mauje Ward No. 20, P.s. Raxaul, District-East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Shahnawaz Ali For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-12-2017 Heard the counsel for the parties.

The petitioner seeks bail in connection with N.D.P.S. Case No. 49 of 2017, arising out of Raxaul P.S. Case No. 143 of 2017 dated 14.05.2017 instituted for the offences under Sections 20, 22, 23 and 24 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

From the betel shop of the petitioner, two hundred grams of Ganja kept in sixty six sachets and eighteen grams of brown sugar kept in twenty one sachets have been recovered. No satisfactory explanation could be given by the petitioner for the possession of such quantity of narcotics. Mr. Shahnawaz Ali, learned counsel for the petitioner has submitted that petitioner has falsely been implicated

Patna High Court Cr.Misc. No.43520 of 2017 (4) dt.08-12-2017 2/2 in this case. The aforesaid consignment was given to him by somebody informing him that those are items which could be used in betel.

The petitioner is in custody since 15.05.2017 and does not bear any criminal antecedent. The Ganja which has been recovered from the possession of the petitioner is in small quantity whereas the brown sugar exceeds the small quantity but is lesser than the commercial quantity.

Regard being had to the period of custody of the petitioner, this Court is inclined to grant bail to the petitioner. The petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge, East Champaran, Motihari in connection with N.D.P.S. Case No. 49 of 2017, arising out of Raxaul P.S. Case No. 143 of 2017.

(Ashutosh Kumar, J) Shageer/- U T