Fago Ray @ Fagu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55311 of 2018 Arising Out of PS. Case No.-101 Year-2018 Thana- KHAIRA District- Jamui ====================================================== Fago Ray @ Fagu Ray, S/o Late Fushan Ray, R/o Vill.- Chananber, P.S.- Khaira, Distt.- Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha For the Opposite Party/s :

Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-11-2018 The petitioner seeks regular bail in connection with N.D.P.S. Case No. 1-A/18 arising out of Khaira P.S. Case No. 101/18, registered for offences punishable under Sections 16 & 18 of NDPS Act and Section 30(d) of Bihar Excise Prohibition Act, 2016.

Allegation against the petitioner is of cultivating the posta dana and also of recovery of 130 kg of mahua flower. It has been submitted on behalf of the petitioner that he has falsely been made accused in this case and the field, on which, the alleged cultivation was being done, does not belong to the petitioner and so far allegation of recovery of mahua flower is concerned, the same has not been recovered from the possession of the petitioner. Further petitioner has no criminal

Patna High Court Cr.Misc. No.55311 of 2018(5) dt.05-11-2018 2/2 antecedent and has been in judicial custody since 14.06.2018. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Jamui, in connection with N.D.P.S. Case No. 1-A/18 arising out of Khaira P.S. Case No. 101/18, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunilkumar/- U T