Ram Bahadur Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22824 of 2016 Arising Out of PS.Case No. -87 Year- 2016 Thana -BAHERA District- DARBHANGA ====================================================== Ram Bahadur Mukhiya S/o Late Mangal Mukhiya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Jha, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-08-2016 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 28.03.2016 in a case registered for the offences punishable under sections 20, 21 and 22 of the NDPS Act.

From the beetle shop of the petitioner 2 kilograms of ganja has been recovered.

It is submitted by learned counsel for the petitioner that the recovery is not from the possession of the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Mr. J. N. Thakur, learned APP for the State, after going through the case diary does not dispute the quantity of recovery.

Patna High Court Cr.Misc. No.22824 of 2016 (4) dt.11-08-2016 2/2 Considering the recovery between the small and commercial quantity and the petitioner having no criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (NDPS)-cum- Sessions Judge, Darbhanga, in connection with G.O. Case No.2/2016, arising out of Bahera P.S. Case No.87/2016.

(Dinesh Kumar Singh, J) Ashwini/- U T