Patna High CourtCR. MISC./51982/2016bail granted

Bhawan Nishad v. The State Of Bihar

2017-05-11Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51982 of 2016 Arising Out of PS.Case No. -6 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictGOPALGANJ ======================================================

1. Bhawan Nishad, S/o Sree Hiralal Nishad, Resident of Village- Bakulahan Brahmshathan, Police Station- Padarauna, District- Kushi Nagar (U.P.) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Binode Bariar For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-05-2017 Perused the report of the learned Additional Sessions Judge-I, Gopalganj at flag Y.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

1.500 kilogram of Ganja was, allegedly, recovered from the possession of this petitioner. Submission of the petitioner is that in a perfunctory manner prosecution report has been submitted, without proper investigation of the case, soon after recovery. Moreover, the recovery is itself not according to the procedure prescribed under the law. Hence, the same vitiates the whole prosecution case.

Patna High Court Cr.Misc. No.51982 of 2016 (4) dt.11-05-2017 2/2 Considering the aforesaid fact, 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 learned Sessions Judge, Gopalganj/successor Court in connection with N.D.P.S. Case No. 06 of 2016, Trial No. 26 of 2016, subject to the condition that the petitioner shall fully cooperate with trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T