Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37590 of 2016 Arising Out of PS.Case No. -263 Year- 2016 Thana -FATUHA District- PATNA ======================================================
1. Ranjan Kumar Son of late Ram Bahadur yadav Resident of MohallaStation Road, Surya Mills Gali, Police Station- Fatuha, District Patna, Permanent Resident of Village+P.O. Sahebpur Kamal District Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Jha, Advocate For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-10-2016 Heard learned counsel for the petitioner and the State.
Petitioner is languishing in custody since 13.07.2016 in a case registered for the offences punishable under Sections 20(b), 22 of the Narcotics Drugs and Psychotropic Substances Act and 47, 54 of the Bihar Excise Amendment Act, 2016.
The prosecution case is that two persons were found travelling on a motorcycle with bag on their respective back and from the bags of the miscreants total 4.00 K.g ganja, each containing 2.00 K.g., were recovered. It is submitted by the learned counsel for the petitioner that recovery is between small and commercial quantity. Statement has been made in para-3 of
Patna High Court Cr.Misc. No.37590 of 2016 (4) dt.28-10-2016 the petition that petitioner has no criminal antecedent. Moreover, the investigation has already concluded. Mr. J.N. Thakur, learned A.P.P. after going through the case diary does not dispute the quantity of recovery. The F.S.L. report also suggests that sample has been found as ganja.
Considering the recovery between small and commercial quantity, let the above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Patna in connection with Special Case No. 40 of 2016, arising out of Fatuha P.S. Case No. 263 of 2016.
The learned court below shall be at liberty to cancel the bail bonds of the petitioner in case the petitioner gets involved in some serious nature of offence or defaults without any reasonable cause on three consecutive occasions.
Let, the office return the F.S.L. report to concerned authority.
(Dinesh Kumar Singh, J) P.K./- U T