Firoj Khan @ Firoz Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25100 of 2020 Arising Out of PS. Case No.-81 Year-2020 Thana- SONBERSA District- Sitamarhi ====================================================== FIROJ KHAN @ FIROZ KHAN Son of Motipul Khan @ Motiful Khan @ Matiful Khan Resident of Village- Gotbedul @ Got Bedaul, P.S.- Pupari, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra For the Opposite Party/s :

Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-11-2020 Heard both sides.

The matter has been taken up through video conferencing.

The petitioner seeks bail in Sonbarsa P.S. case No. 81/2020 registered u/s 8/20(b) (ii) (B) of the N.D.P.S. Act and u/s 414 of the IPC.

The gist of the allegation is that on the basis of secret information the informant searched the motor cycle which was being driven by Dilip Rai. The petitioner was pillion rider and he was keeping a bag in his lap. On search, five Kg Ganja was recovered from the bag kept by the petitioner. The learned counsel for the petitioner submits that petitioner is in custody since 10.04.2020 for recovery of five

Patna High Court CR. MISC. No.25100 of 2020(5) dt.23-11-2020 2/2 Kg. Ganja. The petitioner has already remained in jail for more than seven months and he has got no criminal antecedent. It appears that five Kg Ganja is recovered which is less than commercial quantity but more than smaller quantity for which the petitioner has remained in jail for seven months. Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, N.D.P.S. Act, Sitamarhi in connection with Sonbarsa P.S. case No. 81/2020.

(Prabhat Kumar Jha, J) BKS/- U T