Mukesh Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29086 of 2017 Arising Out of PS.Case No. -102 Year- 2017 Thana -KHARAGPUR District- MUNGER ======================================================
1. Mukesh Choudhary S/o Late Sahjanand Choudhary, resident of VillageLohachi, P.S.- Haveli Kharagpur (Shampur), District- Munger. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Kamal Nayan For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner.
The petitioner seeks regular bail in connection with Kharagpur (Shampur) PS case no. 102 of 2017 registered for the offences punishable under Sections 20 and 22 of N.D.P.S. Act. The prosecution story in brief is that upon receiving secret informant to the effect that the petitioner used to sell ganja from his hardware shop, a raiding party was constituted and the shop of the petitioner was raided, however, 3 kg of ganja was seized from the verandah of the petitioner.
Learned counsel for the petitioner submits that the quantity seized does not come within the quantum of commercial quantity as per schedule notified by the Central Government. Learned counsel for petitioner further submits that the petitioner
Patna High Court Cr.Misc. No.29086 of 2017 (2) dt.01-07-2017 2/2 has clean antecedent and he is in custody since 07.04.2017. Lastly, Learned counsel for petitioner submits that such quantity of ganja has been planted by somebody inasmuch as the recovery has been made from the backside of the house of the petitioner from an open place.
Having regard to the facts and circumstances of the case, I deem it fit and appropriate to enlarge the petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Munger in connection with Kharagpur (Shampur) PS case no. 102 of 2017.
(Mohit Kumar Shah, J.) rinkee/- U T