Rajesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37024 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ======================================================

1. Rajesh Mahto, Son of Devan Mahto, Resident of Musapur, Nonia Tola, P.S. Muffasil, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha, Advocate For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-08-2016 Heard learned counsel for the petitioner and the State.

Petitioner is languishing in custody since 12.03.2016 in a case registered for the offences punishable under Sections 20, 22 of the Narcotics Drugs and Psychotropic Substances Act.

The prosecution case is that on secret information that one person was administering intoxicating to the passengers, raid was made in the tea shop of the petitioner. From possession of the petitioner Rs. 150/- cash,

Patna High Court Cr.Misc. No.37024 of 2016 (2) dt.30-08-2016 Green Card of S.B.I., four S.I.M. Cards, one knife, blades and 10 sedative tablets namely Esopam Plus were recovered.

It is submitted by the learned counsel for the petitioner that even assuming the accusation no offence under Sections 20 and 22 of the Narcotics Drugs and Psychotropic Substances Act is made out against the petitioner. There is no accusation of administering Esopam Plus tablet to any one. Though, petitioner is accused in two cases being Samastipur Rail P.S. Case No. 49 of 2010, registered under Sections 328, 307, 379, 411/34 of the Indian Penal Code, wherein the petitioner has been convicted and suffered the sentence. Another case is Samastipur Rail P.S. Case No. 07 of 2016, registered under Sections 20, 22 of the Narcotics Drugs and Psychotropic Substances Act in which the petitioner is on bail. Learned A.P.P. Mr. J.N. Thakur, does not dispute that only 10 tablets of Esopam along with knife, mobile and S.I.M. cards were recovered from the possession of the petitioner.

Considering the nature of accusation and investigation being concluded, 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

Patna High Court Cr.Misc. No.37024 of 2016 (2) dt.30-08-2016 each to the satisfaction of learned Ist Additional District & Sessions Judge, Samastipur in connection with Samastipur Rail P.S. Case No. 12 of 2016.

(Dinesh Kumar Singh, J) P.K./- U T