Patna High CourtCR. MISC./2522/2018bail granted

Md. Sonu @ Motua v. The State Of Bihar

2018-01-23Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2522 of 2018 Arising Out of PS.Case No. -323 Year- 2017 Thana -PATNA CITY CHOWK District- PATNA ======================================================

1. Md. Sonu @ Motua S/o Md. Anjum Mian @ Anju Ahmad, R/o Bagmaliu Khan, P.S.- Chowk, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Special Case No.156/2017, arising out of Chowk P.S. Case No.323 of 2017 registered under Section 272, 273, 353, 30 (a) and 30 (c) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 36 purias of Ganja and 200 ml. of country made liquor is said to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. The Ganja which is said to have been recovered from his possession is of small

Patna High Court Cr.Misc. No.2522 of 2018 (02) dt.23-01-2018 - 2 - quantity. He has been falsely implicated in this case. The petitioner has no criminal antecedent under the N.D.P.S. Act or Excise Act. The petitioner has been languishing in custody since 17.10.2017. .

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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 Sessions/Special Judge, Patna in connection with Special Case No.156 of 2017, arising out of Chowk P.S. Case No.323 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T