Md. Khalil v. The State Of Bihar

Patna High Court Cr.Misc. No.22510 of 2015 (2) dt.06-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22510 of 2015 Arising Out of PS.Case No. -621 Year- 2014 Thana -KISHANGANJ District- KISANGANJ ======================================================

1. Md. Khalil S/o Md. Yaseen Resident of Khagra Karbala, P.S. & District Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s Mr. R.N.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 06.07.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

10 kg. Ganja is said to have been recovered from back portion of the house of the petitioner. Petitioner is in jail custody since 9.12.2014 and prior to institution of this case, no case under the NDPS Act had been registered against the petitioner as is evident from para 3 of the petition.

Admittedly, seized ganja is less than commercial quantity though excess in small quantity.

Considering the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sessions Judge-cum-Special Judge, Kishanganj in Special case no. 20/2014 arising out of Kishanganj P.S. Case no. 621/2014. shahid (Hemant Kumar Srivastava,J) U T