Jai Prakash Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38357 of 2016 Arising Out of PS.Case No. -247 Year- 2016 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jai Prakash Pandey .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. J.N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-09-2016 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 29.7.2016 in a case registered for the offences punishable under Sections 47(a) and 53(c ) of the Excise Act and section 20B of the NDPS Act.

The informant being S.I. cum SHO of Harsidhi Police station received secret information that the petitioner has kept ganja in his hut leading to the raid being laid in the hut of the petitioner when 12 grams 600 milligrams ganja were recovered from beneath the pillow of the petitioner.

It is submitted by the learned counsel for the petitioner that there is nothing to suggest that the hutment in question belongs to the petitioner. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.38357 of 2016 (2) dt.02-09-2016 2/2 Learned APP appearing for the State does not controvert the small quantity of recovery.

Considering the aforesaid facts, let the above named petitioner 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 Special Judge, East Champaran at Motihari in connection with NDPS Case No. 40 of 2016 arising out of Harsidhi P.S. Case No. 247 of 2016.

(Dinesh Kumar Singh, J) Anil/- U T