Patna High CourtCR. MISC./27439/2017allowed

Sanjay Kumar v. The State Of Bihar

2017-07-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27439 of 2017 Arising Out of PS.Case No. -475 Year- 2016 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Sanjay Kumar, S/o Suresh Paswan, resident of Village- Dighikala Pachhmi, P.S.- Hazipur Sadar, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Jharkhandi Upadhyay For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-07-2017 Heard learned counsels for the petitioner and the State.

The petitioner is in custody in connection with Hajipur (Town) P.S. Case No. 475 of 2016 for the offences under Sections 399, 402, 414, 467, 420 and 472 of the Indian Penal Code and Sections 25(1-B)A, 26 (II), 35 of the Arms Act and Sections 20 and 22 of NDPS Act.

From perusal of the FIR and the seizure list it appears that the petitioner was apprehended carrying 3 Kg. Ganja. The allegation of keeping illicit arms and other offences are not related to the petitioner. The petitioner is in custody since 12.7.2016.

Counsel for the petitioner submits that 3 Kg.

Patna High Court Cr.Misc. No.27439 of 2017 (2) dt.06-07-2017 2/2 Ganja is less than the commercial quantity and the petitioner has remained in jail for almost a year.

Having regard to the fact that the petitioner is in custody since 12.7.2016 and less than the commercial quantity of Ganja was recovered from his possession, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge (Special Judge) Vaishali at Hajipur in connection with Hajipur (Town) P.S. Case No.475 of 2016, subject to the condition that the petitioner will extend full cooperation in conclusion of the trial and will not, in any manner, tamper with the evidence and influence the witnesses. (Anil Kumar Upadhyay, J) S.Pandey/- U T