Patna High CourtCR. MISC./31559/2020bail granted

Ajay Kumar v. The State Of Bihar

2020-12-02Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31559 of 2020 Arising Out of PS. Case No.-62 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

AJAY KUMAR Son of Surendra Sah Resident of Village - Ghorasahan, P.S.- Ghorasahan, District - East Champaran, Motihari 2.

Shivam Kumar Son of Om Prakash Sah Resident of Village - Ghorasahan, P.S.- Ghorasahan, District - East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Mushtaque Alam (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-12-2020 Heard learned counsel for the parties.

This application for grant of regular bail in connection with N.D.P.S. No.- 10/20 arising out of Ghorasahan P.S. Case No. 62 of 2020 registered for the offence punishable under Sections 18, 20(b) (i) (ii) C 24, 25 of the N.D.P.S. Act. The petitioners are in custody since 18.02.2020. It is alleged in the F.I.R. that a Scorpio vehicle and a motorcycle was intercepted by an official of Seema Suraksha Bal at Motihari and on search 7.5 kg of Ganja was recovered.

Learned counsel for the petitioner has argued that the quantity of Ganja said to have been recovered, is not a commercial quantity. The petitioners are in custody since

Patna High Court CR. MISC. No.31559 of 2020(2) dt.02-12-2020 2/2 18.02.02020 and they have no criminal antecedent. Considering the above submission, this application is allowed.

It is indicated that, if the petitioners are found indulging in commission of similar offence in future, the prosecution shall be at liberty to apply for cancellation of bail granted by the present order.

Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court of 6th Additional Session Judge, East Champaran, Motihari in connection with N.D.P.S. No.- 10/20 arising out of Ghorasahan P.S. Case No. 62 of 2020 (Chakradhari Sharan Singh, J) AKASH/- U T