Patna High CourtCR. MISC./34342/2016bail granted

Lal Babu Mahto v. The State Of Bihar

2016-08-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34342 of 2016 Arising Out of PS.Case No. -69 Year- 2013 Thana -SHIWAPATHI District- MUZAFFARPUR ======================================================

1. Lal Babu Mahto, Son of Ram Deni Mahto, resident of Village- Ram Nagar, P.S.- Siwaipatti, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Basant Kumar Tripathy, 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 15.03.2016 in a case registered for the offences punishable under Sections 20, 22 of the Narcotics Drugs and Psychotropic Substances Act.

The prosecution case is that on the information that one Ram Babu Mahto was selling ganja through his wooden shop, raid was made, but nothing was recovered. On the signal of one Lal Babu Mahto search was made in the wooden shop and from the open place 400 G.g ganga was recovered.

It is submitted by the learned counsel for the petitioner that admittedly recovery has not been made from the petitioner and even assuming the prosecution case the

Patna High Court Cr.Misc. No.34342 of 2016 (3) dt.18-08-2016 recovery is of small quantity. 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. Considering the aforesaid facts, 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, Muzaffarpur in connection with Siwaipatti P.S. Case No. 69 of 2013.

(Dinesh Kumar Singh, J) P.K./- U T