Bachu Singh @ Ashok Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69614 of 2021 Arising Out of PS. Case No.-145 Year-2020 Thana- SAKURABAD District- Jehanabad ====================================================== BACHU SINGH @ ASHOK SHARMA Son of Late Mohan Sharma Resident of village - Pokhama, P.S.- Shakurabad, Distt.- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No1, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 20 and 22 of the N.D.P.S. Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 11.09.2021, charge-sheet has been submitted in the case and has antecedent of two cases. Learned counsel for the petitioner submits that allegation is of recovery of 1 kg ganja from the house of petitioner, further 300 grams from a bucket along with 12 standing green plants of ganja from the courtyard of the petitioner.

Learned counsel for the petitioner submits that admittedly the total recovery shown is 1.3 kg of ganja from the

Patna High Court CR. MISC. No.69614 of 2021(2) dt.26-04-2022 2/2 house along with 12 standing green plants but the F.I.R. does not even remotely suggest that what would have been the weight of the ganja if recovered from the said 12 standing green plants. It is further submitted that even assuming what has been alleged is true without admitting the same for the purposes of bail then the alleged recovery is a little more than the small quantity but much less than the commercial quantity.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 11.09.2021, charge-sheet has been submitted in the case and the alleged recovery is a little more than the small quantity and much less than the commercial quantity, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Shakurabad P.S. Case No. 145 of 2020 with a condition that one of the bailors shall be the son of the petitioner, Abhishek Ranjan. (Satyavrat Verma, J) Rishi/- U T