Vishwanath Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79863 of 2018 Arising Out of PS. Case No.-538 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Katihar ====================================================== Vishwanath Poddar, S/O- Late Munshi Poddar, R/O- Gareri Tola, Mofarganj, P.S.- Katihar Town, Distt- Katihar.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Respondent/s :

Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 11-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Special NDPS Case No.16 of 2018 arising out of C-1 No.538 of 2018 instituted for the offence under Section(s) 20-B of the NDPS Act. Counsel for the petitioner submits that in the prosecution report itself it is mentioned that main accused is Ashok Kumar Mahto.

It is submitted that 25 Kg. Ganja was recovered from the tea shop of Ashok Kumar Mahto. The petitioner is alleged to be sitting in the aforesaid tea shop. There is no recovery of Ganja from conscious possession of the petitioner. Petitioner is in custody since 15.09.2018 having clean

Patna High Court Cr.Misc. No.79863 of 2018(2) dt.11-01-2019 2/2 antecedents.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge cum Special Judge, NDPS Act, Katihar, in connection with Special NDPS Case No.16 of 2018 arising out of C-1 No.538 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T