Gopal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49654 of 2017 Arising Out of PS.Case No. -112 Year- 2017 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Gopal Sah, son of Suraj Sah @ Suraj Sah, resident of village-Pachgachiya, P.S. Patahi, District-East Champaram .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhurendra Kumar, Advocate For the State : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-10-2017 Heard the learned counsel for the petitioner and learned APP for the State.

At the outset, the learned counsel for the petitioner seeks to make correction in paragraph-6 and 8 of the petition to the effect that the quantity of ganja mentioned as 175 gram be read as 125 gram.

The petitioner is directed to correct the typographical error during the course of the day. The petitioner seeks regular bail in connection with NDPS Case No. 59 of 2017 arising out of Patahi PS Case No. 112 of 2017 registered for the offences punishable under Sections 20/22 of the NDPS Act.

The case of the prosecution is that while the Police was on patrolling duty, they got confidential information that one

Patna High Court Cr.Misc. No.49654 of 2017 (2) dt.18-10-2017 2/2 Fulena Das has kept ganja at his tobacco shop situated at Kodaria Pandal Chowk and he is engaging in selling the same. The Police had reached there and recovered 285 gram ganja from the shop of the accused Fulena Das. Thereafter the Police recovered 125 gram ganja from the tea shop of the petitioner herein. The learned counsel for the petitioner submits that the petitioner is innocent, he has got no criminal antecedent and has been falsely implicated in the present case. It is further submitted that the quantity recovered is not commercial quantity, hence the petitioner may be enlarged on bail. In the facts and circumstances of the case, the petitioner Gopal Sah is directed to be enlarged on regular bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Session Judge-cum-Special Judge, East Champaran, Motihari in connection with N.D.P.S. Case No. 59 of 2017 arising out of Patahi PS Case No. 112 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T