Md. Sahabuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38889 of 2016 Arising Out of PS.Case No. -223 Year- 2016 Thana -JOKIHAT District- ARRARIA ====================================================== Md. Sahabuddin son of Late Ibrahim, Resident of Village- Matiyari, Barahuwa Tola, P.S.- Jokihat, Dist- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-11-2016 Heard Sri Ramesh Kumar Singh , learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner , who is in custody since 16.7.2016 has prayed for grant of bail in Jokihat P.S. Case No. 223 of 2016 arising out of Special Case No. 25 of 2016 registered for the offence under Section 8 / 20 of the Narcotic Drugs And Psychotropic Substances Act.

Learned counsel for the petitioner submits that recovery of about 3 Kilograms Ganja was shown from possession of the petitioner. It has been argued that recovered Ganja was much lesser than commercial quantity and petitioner is having clean antecedent. It has been argued by learned counsel for the petitioner that allegation made in the F.I.R. appears to be not true since it was alleged that petitioner carrying airbag before the Police was

Patna High Court Cr.Misc. No.38889 of 2016 (3) dt.28-11-2016 2/2 moving and from his possession it was shown recovery. Keeping in view clean antecedent of the petitioner as well as recovered quantity of Ganja which was much lesser than commercial quantity, let the petitioner Md. Sahabuddin be enlarged on bail on furnishing bail bond of Rs. 10000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Araria / concerned court in connection with Jokihat P.S. Case No. 223 of 2016 arising out of Special Case No. 25 of 2016. (Rakesh Kumar, J) Praful/- U T