Patna High CourtCR. MISC./37387/2016bail granted

Manoj Choudhary v. The State Of Bihar

2016-10-28Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37387 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictSUPAUL ======================================================

1. Manoj Choudhary S/o late Raghunath Choudhary R/o Bhelahi Ward No. 21, Nagar Parishad, Supaul, P.S & Distt Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-10-2016 Heard learned counsel for the petitioner and the State.

Petitioner is languishing in custody since 22.07.2016 in a case registered for the offences punishable under Section 20(b) of the Narcotics Drugs and Psychotropic Substances Act.

The prosecution case is that from the house of the petitioner 1.4 K.g. ganja in colour bucket and 1.00 K.g. from the dickey of the motorcycle were recovered. It is submitted by the learned counsel for the petitioner that recovery is from the joint family house of the petitioner.

The recovery is between small and commercial quantity. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.37387 of 2016 (2) dt.28-10-2016 Mr. J.N. Thakur, learned counsel for the State, does not dispute the quantity of recovery. Considering the recovery between small and commercial quantity, 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 District & Sessions Judge, Supaul in connection with Special Case No. 05 of 2016, arising out of P.R. Case No. 11 of 2016.

The learned court below shall be at liberty to cancel the bail bonds of the petitioner in case the petitioner gets involved in some serious nature of offence or defaults without any reasonable cause on three consecutive occasions.

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