Md. Golu Rain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4656 of 2017 Arising Out of PS.Case No. -361 Year- 2016 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. MD. GOLU RAIN son of Md. Khalil Mian, Resident of Village- Mastan Tola, Bagaha-1, P.S.- Bagaha, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Rashmi Jha For the Opposite Party/s : Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-02-2017 The petitioner is in custody since 20.09.2016 in connection with Bagaha (Pathkhauli) P.S. Case No. 361 of 2016, registered for offences punishable under Sections 20(b) and 22(a) of the N.D.P.S. Act.

It has been submitted on behalf of the petitioner only allegation against the petitioner is that 200 grams of Ganja has been recovered from his tobacco shop, for which he has been in custody since 20.09.2016 and the petitioner has no criminal antecedent.

Heard learned A.P.P. also. Learned A.P.P. opposed the prayer of bail and submitted that the alleged recovery has been made from his shop, which suggests that petitioner is in the business of selling such substance.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and period of custody, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two

Patna High Court Cr.Misc. No.4656 of 2017 (2) dt.14-02-2017 2/2 sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, West Champaran at Bettiah, in connection with Bagaha (Pathkhauli) P.S. Case No. 361 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part two appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

It is also made clear if the petitioner again found involved in any of the like offence, his bail bond will be cancelled.

(Vinod Kumar Sinha, J) sunil/- U