Patna High CourtCR. MISC./44771/2016bail granted

Nirmal Kumar Sah v. State Of Bihar And ANR

2016-12-15Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44771 of 2016 Arising Out of PS.Case No. -236 Year- 2016 Thana -PIRO District- BHOJPUR ====================================================== Nirmal Kumar Sah, son of sri Bishwanath Sah, resident of villageJamuaon, Police Station- Piro in the district of Bhojpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Zonal Director, Narcotic control Bureau Bihar, Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. A.P.P.

Mr. Anshuman Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 15-12-2016 Heard Sri Akhileshwar Prasad Singh, learned Senior Counsel, assisted by Sri Bimal Kumar, learned counsel for the petitioner, learned Addl. Public Prosecutor as well as Sri Anshuman Singh, learned Central Government Counsel. The sole petitioner, who is in custody since 26.07.2016 in Piro P.S. Case No.236/2016, corresponding to N.D.P.S. Case No.14/2016 registered for the offence under Sections 20/22 of N.D.P.S. Act and Section 47/57 of the Bihar Excise (Amendment) Act, 2016, has prayed for grant of bail. By way of referring to the statement made in paragraph-3 of the petition, it has been argued that the petitioner is having clean antecedent and recovery of about 2 Kg of Ganja was

Patna High Court Cr.Misc. No.44771 of 2016 (2) dt.15-12-2016 2/2 shown. Besides Ganja one bottle of liquor containing 750 ml was also recovered. It has also been argued that seizure list was not prepared in accordance with law and in the seizure list, there is no signature of the petitioner.

Learned Addl. Public Prosecutor has opposed the prayer for bail of the petitioner.

Keeping in view clean antecedent of the petitioner, period of custody as well as quantity of recovered Ganja, which is about smaller quantity, let the petitioner, namely, Nirmal Kumar Sah be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Ara, Bhojpur in connection with Piro P.S. Case No.236/2016 giving rise to N.D.P.S. Case No.14/2016..

(Rakesh Kumar, J) NKS/- U T