Mahendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80151 of 2018 Arising Out of PS. Case No.-140 Year-2018 Thana- BELA District- Sitamarhi ====================================================== Mahendra Sah Son of Late Jimedar Sah Resident of Village- Bishanpur, P.S.- Bela, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under section 8/20(B) II (B) of the NDPS Act.

Petitioner is languishing in jail custody since 25.8.2018 on the charge that 4 kg 700 grams ganja was recovered from his conscious possession.

Submission on behalf of the petitioner is that the petitioner does not have any criminal history and the alleged recovery is below commercial quantity which is about 20 kg. Considering the facts and circumstances as well as submissions, particularly, keeping in mind that the petitioner does not have any criminal history and the alleged recovery is

Patna High Court Cr.Misc. No.80151 of 2018(2) dt.17-01-2019 2/2 much below of commercial quantity, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum- Special Judge, Sitamarhi in Bela P.S. Case no. 140/2018 corresponding to GR no. 3656/2018. (Hemant Kumar Srivastava, J) s.hassan/- U T