Shyam Babu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36767 of 2016 Arising Out of PS.Case No. -41 Year- 2015 Thana -KANGALI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Shyam Babu Ram Son of Indrajit Ram Resident of Village- Pakri, P.S. Adapur, District- East Champaran, Motihari.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-08-2016 Heard learned counsel for the petitioner and the State.

Petitioner is languishing in custody since 06.08.2015 in a case registered for the offences punishable under Sections 20, 22, 23 of the Narcotics Drugs and Psychotropic Substances Act.

The prosecution case is that the petitioner and others were apprehended while trying to escape from the trolly of a tractor, 2.800 K.g ganja was

Patna High Court Cr.Misc. No.36767 of 2016 (2) dt.30-08-2016 recovered from them. The apprehended persons disclosed their name as co-accused Mukesh Kumar Mandal and Shyam Babu Ram (petitioner).

It is submitted by the learned counsel for the petitioner that it is not clear from the F.I.R. as how much ganja was recovered from each accused. The tractor was not registered in the name of the petitioner. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the quantity of recovery and the period of custody, 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 2nd Additional Sessions Judgecum-Special Judge (N.D.P.S.

Act), Bettiah, West Champaran, in connection with N.D.P.S. Case No. 12 of 2015, arising out of Kangli P.S. Case No. 41 of 2015. The bail bonds of the petitioner shall be accepted by the learned court below on filing affidavit that he will regularly co-operate in the investigation. Non co-operation in the investigation or in case of default in appearing before the learned court below for two consecutive occasions or getting substantially involved in similar nature of offence will give

Patna High Court Cr.Misc. No.36767 of 2016 (2) dt.30-08-2016 liberty to the learned court below to cancel the bail bonds of the petitioner.

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