Patna High CourtCR. MISC./47645/2016allowed

Raju Sah @ Raj Kumar Sah v. The State Of Bihar

2017-02-15Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.47645 of 2016 (4) dt.15-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47645 of 2016 Arising Out of PS.Case No. -316 Year- 2016 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Raju Sah @ Raj Kumar Sah Son of Late Laxmi Sah, R/o- village- Shahganj, Benta, P.S.- Laheriasarai, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 07.08.2016 in connection with Laherisarai P.S. Case No. 316 of 2016 registered under Sections 20 and 22 of Narcotic Drugs and Psychotropic Substance Act. According to the prosecution, 500 Gram Ganja filled in 24 plastic Puria, 500 empty Plastic Puria, 500 Gram Ganja and some packet of cigarettes have been recovered from the house of the petitioner.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner nor the petitioner has been arrested on the spot. Moreover, the alleged recovery appears to be of small quantity. Petitioner is rotting in jail custody for the last five months.

Patna High Court Cr.Misc. No.47645 of 2016 (4) dt.15-02-2017 Considering the facts and circumstances of the case and the quantum of recovery, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Special Judge/ Sessions Judge, Darbhanga in connection with Laherisarai P.S. Case No. 316 of 2016.

(Arvind Srivastava, J) brajesh/- U T