Suresh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6656 of 2021 Arising Out of PS. Case No.-102 Year-2020 Thana- SONBERSA District- Sitamarhi ====================================================== SURESH RAM S/o Late Baran Ram R/o Village- Indrawa P.S.- Sonbarasa, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the Opposite Party/s :

Ms. Veena Rani Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-04-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Sonbersa P.S. Case no. 102/2020 registered under sections 8 and 20(b)(ii)(c) of the N.D.P.S. Act.

As per allegation in the first information report, on the accused persons being challenged, while the other accused persons managed to throw their bags and crossed over back into Nepal, it is stated that the petitioner was caught. A total of 40 kgs of Ganja was recovered.

It is submitted by learned counsel for the petitioner that even as per the first information report, the quantity recovered from the possession of the petitioner is 10 kgs of

Patna High Court CR. MISC. No.6656 of 2021(2) dt.09-04-2021 2/2 Ganja, which is less than the commercial quantity. In fact no incriminating article has been recovered from the possession of the petitioner who is in custody since 28.5.2020 and has no criminal antecedent.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case including the period in custody, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sonbarsa P.S. Case no. 102/2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Sitamarhi.

(Partha Sarthy, J) Spd/- U T