Jagdish Sah @ Jawahar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49982 of 2016 Arising Out of PS.Case No. -124 Year- 2016 Thana -GAMAHARIYA District- MADHEPURA ====================================================== Jagdish Sah @ Jawahar Sah, son of Late Fani Sah, resident of villageBabhani, P.S. - Gamharia, District- Madhepura .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 22-12-2016 Heard Sri Bikramdeo Singh, learned counsel, assisted by Sri Sunil Kumar Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 23.09.2016 in Gamharia P.S. Case No.124 of 2016 corresponding to Special Case no.25 of 2016 registered for the offence under Sections 8, 20(b)(ii)(A) of N.D.P.S. Act, has prayed for grant of bail.
By way of referring to the statement made in paragraph-3 of the petition, it was submitted by learned counsel for the petitioner that the petitioner is having clean antecedent and from the possession of the petitioner, recovery of 150 gms of Ganja has been shown. He submits that of course, recovery of
Patna High Court Cr.Misc. No.49982 of 2016 (2) dt.22-12-2016 2/2 ganja was shown, which is lesser than the smaller quantity, according to learned counsel for the petitioner, the petitioner has falsely been implicated in the present case.
Learned Addl. Public Prosecutor has opposed the prayer for bail of the petitioner.
However, considering the recovered ganja, which is lesser than the smaller quantity, clean antecedent of the petitioner as well as period of custody, let the petitioner, namely, Jagdish Sah @ Jawahar Sah 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 learned Sessions Judge-cum- Special Judge, Madhepura in connection with Gamharia P.S. Case No.124 of 2016 corresponding to Special Case No.25/2016. (Rakesh Kumar, J) NKS/- U T