Ramji Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49057 of 2016 Arising Out of PS.Case No. -135 Year- 2016 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ramji Sah, Son of Late Modi Sah, Resident of Village- Sedha Noniya Toli, Police Station- Lauriya, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 07-02-2017 Heard learned counsels for the petitioner and the State.

The petitioner, who is in custody, seeks bail in connection with Lauriya P.S.Case No. 135 of 2016 registered under Sections 20 and 23 of the Narcotic Drugs and Psychotropic Substances Act.

Prosecution case, in brief, is that approximately 11⁄2 Kg Ganja was recovered from the house of the petitioner. It is submitted by learned counsel for the petitioner that the recovery of Ganja is alleged to be made from the house of the petitioner and the weight of the same was not properly made, as mentioned in the FIR there was approximately 11⁄2 Kg Ganja. Moreover, other provisions of the Act with regard to sampling was also not done and except the present case, the petitioner has no criminal

Patna High Court Cr.Misc. No.49057 of 2016 (3) dt.07-02-2017 2/2 antecedent.

Considering the aforementioned facts and circumstances, the petitioner, named above, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Bettiah, West Champaran in connection with Lauriya P.S.Case No. 135 of 2016 with condition that one of the bailors shall be a close relative of the petitioner. The petitioner shall be physically present before the court below during trial on each and every date and if he fails to appear on two consecutive dates, his bail bonds shall liable to be cancelled. (Arun Kumar, J) Sujit/- U