Chhabil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42391 of 2016 ====================================================== Chhabil Kumar S/o China Paswan R/o Village- Mathar Diyara, P.S.- Muffasil District- Khagaria.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Jha For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-12-2016 Heard Sri Sanjay Kumar, learned counsel, assisted by Sri Pankaj Kumar Jha, learned counsel for the petitioner and Sri Yogendra Kumar, learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 13.08.2016 in Special Case No.12/2016 arising out of Excise Case No.22/2016 registered for the offence under Sections 20(b) of the N.D.P.S. Act, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that the petitioner is in custody on an allegation of possessing only 30 gms of Ganja. He submits that as per N.D.P.S. Act, smaller quantity is 1 Kg, whereas recovered ganja is much lesser than the smaller quantity.

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

Patna High Court Cr.Misc. No.42391 of 2016 (2) dt.08-12-2016 2/2 However, considering the smaller quantity of ganja to the extent of 30 gms, let the petitioner, namely, Chhabil Kumar 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 Sri Arun Kumar Sharma, learned Sessions Judgecum-Special Judge, Khagaria in connection with Special Case No.12/2016 arising out of Excise Case no.22/2016. (Rakesh Kumar, J) NKS/- U T