Patna High CourtCR. MISC./56195/2017bail granted

Ram Babu Prasad v. The State Of Bihar

2018-02-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56195 of 2017 Arising Out of PS.Case No. -177 Year- 2017 Thana -BARAULI District- GOPALGANJ ======================================================

1. Ram Babu Prasad, Son of Mosafir Prasad, Resident of Mohalla - Arya Nagar, Behind D.A.V. High School, Ward No. - 22, P.S. + District - Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Five small packets of smack was allegedly recovered from possession of the petitioner.

Submission of the learned counsel for the petitioner is that the recovered quantity is small quantity. The petitioner has disclosed his identical criminal antecedent in para 3 of the bail petition.

However, the perusal of FIR of those cases would reveal that in one of the cases, there was no recovery from

Patna High Court Cr.Misc. No.56195 of 2017 (6) dt.26-02-2018 2/2 possession of the petitioner. In the second case, only four small packets was recovered and in the third case, three small packets was recovered which was personal use of the petitioner. Petitioner is in custody since 31.08.2017.

Considering the entire facts, let the petitioner, above named, be released on bail after framing of the charge or after two months from today whichever is earlier on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Barouli Police Station Case No. 177 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T