Vakil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38049 of 2021 Arising Out of PS. Case No.-316 Year-2020 Thana- BHANGWANPUR HAT District- Siwan ====================================================== VAKIL SAH Son of Waskit Sah Resident of Village - Kherhwa, P.S.- Basantpur, Distt.- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

the Union Of India through, Director, Narcotic, Drugs and Psychotropic Substance Act. Govt. of India.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr. Humayou Ahmad Khan Mr. Shyam Bihari Singh CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-01-2022 Heard learned counsel for the parties through video conferencing.

Petitioner seeks regular bail in connection with Bhagwanpur Hat P.S. Case No. 316 of 2020 registered for the offence under Sections 20 / 22 of the N.D.P.S. Act. 5.5 Kg of Ganja has allegedly been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner has got no criminal antecedent, there is no likelihood that the petitioner will commit same offence in future and he is in custody since 12-12-2020. He further submits that Ganja

Patna High Court CR. MISC. No.38049 of 2021(2) dt.07-01-2022 2/3 allegedly recovered from the possession of the petitioner is less than commercial quantity.

Learned counsel for the Union of India on the other hand submits that 5 Kg 500 gm of Ganja has been recovered from the possession of the petitioner which is more than small quantity and less than commercial quantity.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, quantity of Ganja recovered from the possession of petitioner is less than commercial quantity, he is in custody since 12/12/2020 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Siwan in connection with Bhagwanpur Hat P.S. Case No. 316 of 2020 on the following condition:- (i) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the

Patna High Court CR. MISC. No.38049 of 2021(2) dt.07-01-2022 3/3 part of the petitioner, his bail bond shall liable to be cancelled.

(Anil Kumar Sinha, J) praful/- U T