Patna High CourtCR. MISC./33232/2015bail granted

Md. Bhola v. The State Of Bihar

2015-10-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33232 of 2015 Arising Out of PS.Case No. -157 Year- 2014 Thana -BABUBARHI District- MADHUBANI ====================================================== Md. Bhola Son of Md. Idris resident of village - Kulhariya, P.S. Babubarhi, District - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-10-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 22 and 23 of the Narcotic Drugs and Psychotropic Substances Act.

Allegation against the petitioner is of smuggling of ganja. The bail application of the petitioner was earlier rejected vide order dated 9.3.2015 passed in Cr. Misc no. 766 of 2015 with a direction "prayer for bail is rejected at this stage." Petitioner has not got any criminal antecedent. He is in custody since 9.11.2014. Report called for from the court below shows that charge has not been framed. There is no allegation of tampering with the evidence against the petitioner. Allegation is recovery of 7.5 kg. Ganja from the possession of the petitioner and the same is much below the commercial quantity. Petitioner is an old man aged about 73 years and suffering from several ailments. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. and there is admitted recovery from his

Patna High Court Cr.Misc. No.33232 of 2015 (4) dt.06-10-2015 2 / 2 possession.

Considering the period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Sessions Judge cum Special Judge, Madhubani, in connection with Babubarhi P.S. Case no. 157 of 2014.

(Sudhir Singh, J) sudip/- U T