Patna High CourtCR. MISC./52797/2015bail granted

Lallan Ram v. The State Of Bihar

2015-12-10Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52797 of 2015 Arising Out of PS.Case No. -142 Year- 2015 Thana -MAIRWA District- SIWAN ====================================================== Lallan Ram, S/O- Late Nagina Ram, resident of village- Lebhari, P.S.- Mairwa, District- Siwan .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prabhakar Singh, Adv. For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-12-2015 Heard Sri Prabhakar Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The petitioner, who is in custody in connection with Mairwa P.S. Case no.142/2015, G.R. No.4236/15, registered for the offence under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act , has prayed for grant of bail. By way of referring to F.I.R. i.e. Annexure-1 to the petition, learned counsel for the petitioner submits that on search Ganja was recovered from two accused persons, namely, Ramdaras Mallah and Mritunjay Kumar, from whose possession 2 Kg and 2.5 Kg. respectively material like Ganja was recovered. After recovery, it appears that Ramdaras Mallah gave confessional statement before the police and in that confession, he disclosed

Patna High Court Cr.Misc. No.52797 of 2015 (2) dt.10-12-2015 2/2 that the said Ganja was being supplied by the petitioner and, as such, petitioner's name has transpired. Of course, in the F.I.R. the petitioner has not been arrayed as accused. Even search was conducted in the house of the petitioner but nothing was recovered.

In view of facts and circumstances, particularly the confessional statement, which was made before the police and has been made part of the F.I.R., the Court is of the opinion that the petitioner deserves to be enlarged on bail. Let the petitioner, namely, Lallan Ram 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 Chief Judicial Magistrate, Siwan in connection with Mairwa P.S. Case no.142/2015. (Rakesh Kumar, J) NKS/- U