Binod Sah @ Langra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31604 of 2016 Arising Out of PS.Case No. -176 Year- 2016 Thana -BARAUNI District- BEGUSARAI ====================================================== Binod Sah @ Langra, son of Ram Nandan Sah, resident of Village-Baro Salempur, P.S.-Barauni(Garhara O.P.), District-Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-08-2016 The petitioner is languishing in custody since 01.05.2016 in a case registered for the offences punishable under Section 414 of the Indian Penal Code, Sections 20 and 22 of the N.D.P.S. Act and Section 25(1-B)a, 26, 35 of the Arms Act.

The prosecution case is that the SHO of Garhara O.P. received information that few miscreants are assembled in the shop of the petitioner for the purchase of Ganja and illegal arms. On the said information the raid was laid when three persons were found fleeing away from the shop of the petitioner. On chase co-accused Ravi Kumar @ Lalwa, Manoj Kumar and petitioner Binod Sah @ Langra were apprehended. From the shop of the petitioner 500 grams of Ganja, 160 litres of kerosene oil and one Apache motorcycle were recovered.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.31604 of 2016 (3) dt.16-08-2016 2/2 petitioner that recovery of Ganja is of small quantity and the investigation has already concluded.

A statement has been made in para 3 of the petition that apart from the present one the petitioner is accused in three other cases, though he is on bail in all those cases.

Mr. J.N. Thakur, learned counsel for the State, after going through the case diary has not disputed the quantity of recovery.

Considering the small quantity of recovery and the investigation being concluded, 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 District & Sessions Judgecum-Special Judge(N.D.P.S. Act), Begusarai in connection with N.D.P.S. Case No. 3 of 2016, arising out of Barauni(Garhara O.P.) P.S. Case No. 176 of 2016.

The bail bonds of the petitioner will be cancelled by learned Court below, if the petitioner gets substantially involved in similar nature of offence or defaults for three consecutive occasions during trial. (Dinesh Kumar Singh, J) Shageer/- U T