Bihari Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24141 of 2019 Arising Out of PS. Case No.-216 Year-2018 Thana- BANMANKHI District- Purnia ====================================================== BIHARI SAH Son of Sri Bisho Sah Resident of Muhalla- Darjipatti Ward No. 16, Banmakhi, P.S.- Banmakhi, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K.Agrawal, Sr. Advocate Mr.Diwakar Upadhyaya, Advocate Ms. Preety Kunwar, Advocate For the Opposite Party/s :

Mr.Uma Nath Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-04-2019 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Special Case No. 17 of 2018 arising out of Banmankhi P.S. Case No. 216 of 2018 for the offenses under Sections 8/20(B) NDPS Act.

Learned counsel for the petitioner submits that in the instant case total 11 kg Galja was seized from the possession of the two sons of the petitioner and not from the possession of the petitioner. However, he admits that the petitioner has past record i.e. one case under the Excise Act and the other is under the NDPS Act was registered against the petitioner. The petitioner is in custody since 29.01.2019. One person from whose

Patna High Court CR. MISC. No.24141 of 2019(2) dt.15-04-2019 2/2 possession Ganja was recovered has been granted bail by a coordinate Bench of this Court. Considering the aforesaid, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, (NDPS Act)-cumSessions Judge, Purnea or successor Court, in connection with Special Case No. 17 of 2018 arising out of Banmankhi P.S. Case No. 216 of 2018.

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