Md. Jahangir @ Jahangir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28576 of 2016 Arising Out of PS.Case No. -96 Year- 2016 Thana -RAJIVNAGAR District- PATNA ====================================================== Md. Jahangir @ Jahangir Son of Md. Shaukat, Resident of Village- Ishopur, Kalapar, P.S. Fulwari Sharif, District Patna. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mrs. Soni Shrivastava, Advocate For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-07-2016 Heard learned counsels for the petitioner and the State.
Petitioner is languishing in custody since 10.5.2016 in a case registered for the offences under Sections 20(2)(C), 22 and 27 of the N.D.P.S. Act.
The prosecution case is that on information that several persons are indulged in selling of ganja, raid was laid when ten persons were apprehended. From the possession of the petitioner, 500 grams of ganja and 12 notes of Rs.500/- denomination were recovered.
It is submitted by learned counsel for the petitioner that only on suspicion, the petitioner was apprehended. The F.I.R.
Patna High Court Cr.Misc. No.28576 of 2016 (2) dt.13-07-2016 2/3 does not reflect any recovery from the petitioner. The recovery has been mentioned in the seizure list.
Learned A.P.P., after going through the records fails to satisfy the Court that the weight of recovered contraband has not been mentioned in the fist information report with regard to the petitioner. This fact has also not been noticed by the learned C.J.M.
Let this fact be brought to the notice of Sr. S.P., Patna to see how casually the F.I.R. under the provision of N.D.P.S. Act has been registered. It is submitted by the learned counsel for the petitioner that the recovery is of small quantity. The statement has been made in paragraph-3 of the petition that the petitioner has got no criminal antecedent. Mr. Arun Kumar Pandey, learned A.P.P. does not dispute that the quantity of recovery has not been mentioned in the F.I.R. though the seizure list depicts the quantity of recovery as 500 grams.
Considering the recovery of small quantity, let the petitioner above named be released on bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Patna in connection with Rajiv Nagar P.S. Case No.96 of 2016 giving rise
Patna High Court Cr.Misc. No.28576 of 2016 (2) dt.13-07-2016 3/3 to Special Case No.17 of 2016.
Let the order be transmitted to Senior S.P., Patna and learned C.J.M., Patna.
(Dinesh Kumar Singh, J) N.H./- U T