Mushaharu Sah @ Musaharu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 17736 of 2018 Arising Out of PS.Case No. -170 Year- 2017 Thana -UDAKISHANGANJ District- MADHEPURA ====================================================== Mushaharu Sah @ Musaharu Sah, Son of Asarfi Sah, Resident of VillageChausa Chauk, Uda-Kishunganj, P.S.-Uda-Kishunganj, District-Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Shailendra Kumar Singh, Advocate For the S t a t e : Mr Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and the APP for the State.

Petitioner seeks bail in a case registered under Sections 8/20 (b) (ii) (B) of Narcotic Drugs and Psychotropic Substances Act.

It is submitted by the learned counsel for the petitioner that on the basis of false allegation regarding recovery of 3 Kgs of Ganja from an under constructed house of the petitioner, the petitioner has been implicated in this case. He submits that from perusal of the first information report, it would be apparent that there is no recovery from the possession of the petitioner and similar allegation was made against his son Ranjeet Kumar who has been allowed bail by this Court in Cr Misc No

Patna High Court Cr.Misc. No.17736 of 2018 (3) dt.03-05-2018 2/2 6753 of 2018. Prior to the instant case, petitioner has no criminal antecedent and he is in custody since 25.10.2017. Considering the submissions aforesaid, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge -cum- Special Judge, Madhepura in Special Case No 17 of 2017, CIS No 17 of 2017 arising out of Uda Kishunganj Police Station Case No 170 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T