Rintu Sah @ Rinku Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23678 of 2022 Arising Out of PS. Case No.-186 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Rintu Sah @ Rinku Sah Son of Late Shankar Sah Resident of Village - Karariya, P.S. and District - Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Union of India Through The Director, Narcotics Control Bureau Delhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Setu Prateek, Advocate.

For the Opposite Party/s :

Mr. Binod Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-07-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Gopalganj (Town) P.S. Case No. 186 of 2022 lodged under Sections 21(b) and 22(b) of the N.D.P.S. Act. As per the prosecution case, the S.H.O. has received an information that Rintu Sah (the petitioner) is selling smack/ heroine in Kararia Thana, District Gopalganj. The police party reached there and apprehended the petitioner, from whose possession total 1.10 gram illegal smack/ heroine was recovered, and as such the present case has been instituted.

Patna High Court CR. MISC. No.23678 of 2022(2) dt.29-07-2022 2/3 Learned counsel for the petitioner submits that it is true that recovery of 1.10 gram of smack/ heroine has been made from the possession of the petitioner but this quantity of smack/ heroine is below commercial quantity and for which the maximum punishment is one year. He further submits that petitioner is in custody since 08.03.2022 having clean antecedent.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned District & Session Judge, Gopalganj in connection with Gopalganj (Town) P.S. Case No. 186 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

Patna High Court CR. MISC. No.23678 of 2022(2) dt.29-07-2022 3/3 B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T