Md. Mohsin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1033 of 2017 Arising Out of PS.Case No. -206 Year- 2016 Thana -KOCHADHAMAN District- KISANGANJ ====================================================== Md. Mohsin, son of late Hemayun, resident of Shahpur, Police Station - Kochadhaman, District - Kishanganj.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Firoz Ahmad, Advocate. For the Opposite Party : Mr. Bisheshwar Ram, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 20.09.2016 in connection with Kochadhaman P.S. Case No. 206 of 2016 for the offences instituted under Sections 21 and 22 of N.D.P.S. Act. The prosecution story, in brief, is that from possession of the petitioner, 1.300 Kg. of contraband Ganja has been recovered by two Villagers of Sontha which was being carried away by this petitioner in a plastic bag which was wrapped in black colour polythene.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.09.2016 and the charge sheet has been submitted in the present case. There is no allegation of

Patna High Court Cr.Misc. No.1033 of 2017 (2) dt.20-02-2017 2/2 tampering of the witnesses alleged against the petitioner. He has falsely been implicated in the present case. The recovered Ganja is much less than the commercial quantity. 1.300 Kg. Ganja is said to have been recovered from possession of the petitioner as to when the commercial quantity is 20 Kg.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 learned District & Sessions Judge, Kishanganj, Special, in connection with Kochadhaman P.S. Case No. 206 of 2016.

U.K./- (Sudhir Singh, J) U T