Bhullu Sah @ Bhula Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41673 of 2015 Arising Out of PS.Case No. -18 Year- 2014 Thana -BEGUSARAI GRP CASE DistrictBEGUSARAI ====================================================== Bhullu Sah @ Bhula Sah, S/o Late Rajendra Sah, resident of villageLabagaon, P.S.-Gangaur, District-Khagria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s : Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 02-09-2015 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has renewed his prayer for bail in connection with Barauni Rail P.S. Case No. 18 of 2014 registered under Section 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 26.09.2014 passed in Cr. Misc. No. 35543 of 2014.

According to the prosecution case, three Ativan tablets were recovered from possession of the petitioner.

Patna High Court Cr.Misc. No.41673 of 2015 (2) dt.02-09-2015 2 / 2 It has been contended that Ativan (Lonazepam) an anti anxiety medicine is merely a white powder almost insoluble in water. Each Ativan tablet contains 0.5 mg, 1 mg. or 2 mg. Lonazepam.

It is further contended that even if the allegation made in the FIR are taken to be true on its face value, the recovery of Ativan tablets would involve small quantity for which the petitioner may be awarded maximum punishment of six months but he is in custody since 17 months. Regard being had to the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, Begusarai in connection with NDPS Case No. 2 of 2014 arising out of Barauni Rail P.S. Case No. 18 of 2014. (Ashwani Kumar Singh, J.) Sanjeet/- U T