Patna High CourtCR. MISC./63154/2017bail granted

Rohit Mishra @ Rohit Kumar And ANR v. The State Of Bihar

2018-01-04Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63154 of 2017 Arising Out of PS.Case No. -566 Year- 2017 Thana -FATUHA District- PATNA ======================================================

1. Rohit Mishra @ Rohit Kumar, Son of Prem Shankar Mishra, Resident of Village- Karamtoli, P.S.- Gumla, District- Gumla.

2. Nishant Kumar Gaurav, Son of Yogendra Kumar Nirala, Resident of village- Shahpur, P.S.- Rahui, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Malay Kumar Choudhary For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-01-2018 A supplementary affidavit has been filed on behalf of the petitioners. Let it be kept on record.

This case has been heard out of turn for the reason that the petitioners are required to appear in the examination for appointment of Sub-Inspector of Police in the State of Bihar which is to commence on 11th of March, 2018. They are also required to take the exam of Bihar Police Sub Ordinate Service Commission for which registration numbers have been provided to them. The petitioners seek bail in connection with Special Case No. 190 of 2017 arising out of Fatuha P.S. Case No. 566 of 2017 dated 12.12.2017 instituted for the offences under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act,

Patna High Court Cr.Misc. No.63154 of 2017 (2) dt.04-01-2018 1985.

From a vehicle, the petitioners were arrested but nothing was recovered from their exclusive possession. From the middle seat of the vehicle, 10 grams of Ganja was recovered. The FIR makes it very clear that the aforesaid Ganja was kept in the vehicle for the purposes of the same being consumed for smoking. The petitioners are in custody since 13.12.2017. Regard being had to the age of the petitioners and the fact that nothing has been recovered from their exclusive possession, the petitioners above named are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge-cum-Sessions Judge, Patna in connection with Special Case No. 190 of 2017 arising out of Fatuha P.S. Case No. 566 of 2017.

(Ashutosh Kumar, J) KKSINHA/- U T