Jagat Soni v. The State Of Bihar

Patna High Court Cr.Misc. No.57526 of 2015 (2) dt.22-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57526 of 2015 Arising Out of PS.Case No. -123 Year- 2015 Thana -THAWE District- GOPALGANJ ====================================================== Jagat Soni son of late Sukhdhari Soni .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar Singh For the Opposite Party/s Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 22.12.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

100 gram ganja is said to have been recovered from Gumti of the petitioner for which petitioner is in jail custody since 4.10.2015 without having any criminal antecedent.

It is surprising enough that learned Sessions Judge twice rejected bail prayer of the petitioner without taking note of the fact that quantity of seized ganja brings offence under bailable section. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the learned District & Sessions Judge, Gopalganj in Trial no. 38/2015 arising out of Thawe P.S. Case no. 123/2015.

shahid (Hemant Kumar Srivastava,J) U T