Rahmat Alam @ Rahmat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11025 of 2017 Arising Out of PS.Case No. -15 Year- 2016 Thana -SUKHANI District- KISANGANJ ====================================================== Rahmat Alam @ Rahmat, Son of Md. Illiyas, resident of Village - Dogachhi, P.S. - Garvandanga, District - Kishanganj. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Sinha, Advocate. For the Opposite Party/s : Smt. Reena Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Special Case No. 14 of 2016 arising out of Sukhani P.S. Case No. 15 of 2016 instituted for the offence under Sections 8, 20, 21 and 22 of the N.D.P.S. Act.

It is alleged that 26 kg. 300 grams of Ganja was recovered from possession of the petitioner.

It has been submitted on behalf of the petitioner that the aforesaid Ganja has not been recovered from the conscious possession of the petitioner. The Seizure list is enclosed with the First Information Report wherein it is mentioned that the aforesaid Ganja has been produced by Kumar Sundaram, member of SSB. The seizure list does not bear the signature of the

Patna High Court Cr.Misc. No.11025 of 2017 (4) dt.27-04-2017 2/2 petitioner.

It is mentioned in paragraph-3 of the bail petition that the petitioner has no criminal antecedent. Petitioner is in custody since 26.8.2016.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, 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, N.D.P.S. Act, Kishanganj, in connection with Spl. Case No. 14 of 2016 arising out of Sukhani P.S. Case No. 15 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T