Ram Sujan Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.22119 of 2016 (2) dt.22-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22119 of 2016 Arising Out of PS.Case No. -40 Year- 2012 Thana -HULASGANJ District- JEHANABAD ======================================================

1. Ram Sujan Sharma S/o Late Beni Singh, resident of Village- Kewla, P.S.- Hulasganj (Ghoshi), District- Jehanabad (Bihar).... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Jharkhandi Upadhyay For the Opposite Party/s : Mr. Nirmala Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-06-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 24.11.2015 passed in Cr. Misc. No. 35621 of 2015, on the ground that he is in custody since 31.03.2015 after his surrender and there is allegation that from the house of the petitioner 12 Kg. Ganja was recovered which does not come under the purview of commercial quantity and in near future the trial is not likely to be concluded, there is no chance of tampering with prosecution evidence and the petitioner has got no criminal antecedent.

Learned APP fairly submits that the recovered quantity does not come under the purview of commercial quantity. In the facts and circumstances stated above, considering

Patna High Court Cr.Misc. No.22119 of 2016 (2) dt.22-06-2016 the period of detention and further that in near future the trial is not likely to be concluded, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge N.D.P.S. Act, Jehanabad in connection with Hulashganj P.S. Case No. 40 of 2012, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T