Chote Lal Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55613 of 2016 Arising Out of PS.Case No. -365 Year- 2016 Thana -SHASTRINAGAR District- PATNA ====================================================== Chote Lal Gupta, Son of Mithilesh Prasad, resident of Village- Jamuon, P.S.- Madanpur, District- Aurangabad.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2017 Heard the parties.
This application has been filed in connection with Shastri Nagar P.S.Case No.365 of 2016 for the offence under Sections 56 of 2016 of the Indian Penal Code.
It is submitted on behalf of the petitioner that there is alleged recovery of 357 grams of Ganja from the 'Gumati' of the petitioner and not from the conscious possession of the petitioner and as a matter of fact, he is a vegetable seller. He has nothing to do with the aforesaid recovery and he is in custody for about six months. It is further submitted that he has no criminal antecedent. Heard learned A.P.P. also.
Having heard both sides. In view of the fact that there is recovery of smaller quantity of Ganja from the 'Gumati' of the
Patna High Court Cr.Misc. No.55613 of 2016 (4) dt.27-02-2017 2/2 petitioner and he is in custody for about six months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-X, Patna in connection with Shastri Nagar P.S.Case No.365 of 2016 (Special Case No.56 of 2016) With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U