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Patna High CourtCR. MISC./80534/2018allowed

Golu Kumar v. The State Of Bihar

2019-01-15Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80534 of 2018 Arising Out of PS. Case No.-454 Year-2018 Thana- FATUA District- Patna ====================================================== Golu Kumar, S/o Tun Tun Sao, R/v- Narama, P.S.- Fatuha, Distt.- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nand Kishore Prasad Sinha, Advocate For the Respondent/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Fatuha P.S. Case No. 454 of 2018 for the offence under Sections 20/22 of the NDPS Act.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He submits that in the instant case 17 Kg. Ganja was recovered from a plastic bag, which is not the commercial quantity. Learned counsel submits that the petitioner was engaged in carrying the bag. He submits that the petitioner is neither the owner of the bag nor aware of the fact that the bag contains Ganja. The petitioner is in custody since 04.08.2018.

Considering the fact that the petitioner has got no criminal antecedent and he is in custody since 04.08.2018, the

Patna High Court Cr.Misc. No.80534 of 2018(2) dt.15-01-2019 2/2 petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VII, Patna in connection with Fatuha P.S. Case No. 454 of 2018.

(Anil Kumar Upadhyay, J) uday/- U T