Dhrub Nath Jha @ Wakil Jha @ Dhrupnath Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9692 of 2017 Arising Out of PS.Case No. -5 Year- 2016 Thana -TARABARI District- ARRARIA ====================================================== Dhrub Nath Jha @ Wakil Jha @ Dhrupnath Jha Son of Late Kashinath Jha @ Kashi Jha Resident of Village- Tegacchia, Police Station- Tarabari, District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Union of India through the Deputy Director, Directorate of Revenue Intelligence, Regional Unit, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sarangdhar Jha, Advocate For the Opposite Party/s : Mr. Sri Parmanand Prasad, APP For Union of India : Mr. Kumar Priya Ranjan, CGC Mr. Vasant Vikas, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 22.03.2017 Heard learned counsels for the petitioner and Union of India.

The petitioner has renewed the prayer for bail in a case registered for the offences punishable under Sections 22, 23, 24 of the NDPS Act.

The prosecution case is that from the closed house of the petitioner 7 Kg 500 gms Ganja was recovered. It is submitted by learned counsel for the petitioner that the recovery has been made from the joint family house and the house was admittedly closed. A statement has been

Patna High Court Cr.Misc. No.9692 of 2017 (2) dt.22-03-2017 2/3 made in paragraph 3 of the petition that the petitioner has no criminal antecedent. It is further submitted that earlier bail application of the petitioner was rejected vide order dated 09.09.2016 passed in Cr. Misc. No. 36242 of 2016 with liberty to the petitioner to renew prayer for bail after remaining in custody for eight months. The petitioner is in custody since 10.06.2016 and hence, admittedly in custody for more than eight months. Mr.

Kumar Priya Ranjan, Advocate appearing for Union of India does not controvert the quantity of recovery.

Considering the recovery between small and commercial quantity, a statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent and the liberty given to the petitioner earlier to renew prayer for bail after remaining in custody for eight months, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Ist Additional Sessions Judge - cum- Special Judge, Araria in connection with Special Case No. 05 of 2016 arising out of Tarabari P.S. Case No. 05 of 2016. The learned court below will be at liberty to cancel the bail bonds of the petitioner in two eventualities i.e. if

Patna High Court Cr.Misc. No.9692 of 2017 (2) dt.22-03-2017 3/3 the petitioner defaults for two consecutive occasions or substantially gets involved in similar nature of offence. (Dinesh Kumar Singh, J) DKS/- U T