Patna High CourtCR. MISC./31051/2017bail granted

Baidya Nath Mukhiya v. The State Of Bihar

2017-07-07Mr. Justice Prakash Chandra Jaiswal2 pages

Patna High Court Cr.Misc. No.31051 of 2017 (2) dt.07-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31051 of 2017 Arising Out of PS.Case No. -46 Year- 2017 Thana -HARLAKHI District- MADHUBANI ====================================================== Baidya Nath Mukhiya, son of Bisheshwar Mukhiya, Resident of Village/Mohalla-Fulhar, P.S.-Harlakhi, District-Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar, Advocate. For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in N.D.P.S. Case No. 08 of 2017 arising out of Harlakhi P.S. Case No. 46 of 2017 registered under Sections 8, 20(b)(II)(B) of N.D.P.S. Act. 2 Kg of ganja is said to have been recovered from the dickey of the scooter of the petitioner.

It is submitted by learned counsel for the petitioner that nothing incriminating article has been recovered from the conscious physical possession of the petitioner. SSB has obtained the signature of the petitioner on a blank paper and converted it into seizure list. Seizure list does not bear the signature of the petitioner. Moreover, the ganja recovered in this case is less than

Patna High Court Cr.Misc. No.31051 of 2017 (2) dt.07-07-2017 the commercial quantity. The petitioner has been languishing in custody since 15.03.2017.

Considering the facts aforesaid, the above named petitioner is directed to 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 learned Special Judge, NDPS-cum-Sessions Judge, Madhubani in connection with N.D.P.S. Case No. 08 of 2017 arising out of Harlakhi P.S. Case No. 46 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T