Anil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7262 of 2017 Arising Out of PS.Case No. -86 Year- 2016 Thana -JAGDIHSPUR District- BHOJPUR ======================================================

1. Anil Singh, S/o Late Jainarayan Singh, Resident of Vill- Kauran, P.S.- Jagdishpur, Dist- Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-05-2017 This matter has been taken up out of turn on the request of learned counsel for the petitioner. Heard learned counsels for the petitioner and the State.

The petitioner has renewed his prayer for bail in a case registered for the offences punishable under Sections 8 (c) and 20(b) of the NDPS Act.

Earlier, the petitioner's prayer for bail was rejected vide order dated 11.8.2016 passed in Cr. Misc. No. 28739 of 2016 with liberty to renew the prayer for bail after completing ten months in custody. The petitioner is languishing in custody since 20.3.2016. Hence, the prayer for bail has been renewed. The prosecution case is that the petitioner was

Patna High Court Cr.Misc. No.7262 of 2017 (2) dt.03-05-2017 2/3 coming on motorcycle when the police tried to stop but he escaped and on chase he was apprehended and from the carrier of the motorcycle 10 Kgs. Of Ganja were recovered. It is submitted by learned counsel for the petitioner that the recovery is between small and commercial quantity. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. It is further submitted that there is no substantial progress in the trial and prayer for bail has been renewed in view of the liberty granted to the petitioner while rejecting the prayer for bail vide order dated 11.8.2016.

Considering the fact that the petitioner has no criminal antecedent as stated in paragraph 3 of the petition, he is languishing in custody since 20.3.2016 and the recovery is between small and commercial quantity, 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 Sessions Judge, Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 86 of 2016. The learned court below will positively cancel the bail bonds of the petitioner in case he gets substantially involved in similar nature of offence or defaults without any

Patna High Court Cr.Misc. No.7262 of 2017 (2) dt.03-05-2017 3/3 reasonable cause on two consecutive occasions. (Dinesh Kumar Singh, J) Anil/- U T