Patna High CourtCR. MISC./31012/2018bail granted

Hare Ram Gupta v. The State Of Bihar

2018-05-24Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31012 of 2018 Arising Out of PS.Case No. -524 Year- 2017 Thana -KADAMKUAN District- PATNA ====================================================== Hare Ram Gupta Son of Late Dinanath Prasad @ Late Dinanath Gupta R/O Paduka Rampur, P.S.- Sandesh, District- Bhojpur (Ara) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Special Case No. 174 of 2017 arising out of P.S. Case No. 524 of 2017 for the offences punishable under Sections 20, 22 of N.D.P.S. Act.

The allegation is regarding recovery of a box containing 5 Kg. of Ganja from beneath a bridge from where five persons were apprehended. One of the person is stated to be the petitioner herein.

The learned counsel for the petitioner submits that no recovery has been made from the conscious possession of the petitioner. It is further submitted that the said quantity of Ganja

Patna High Court Cr.Misc. No.31012 of 2018 (2) dt.24-05-2018 2/2 seized by the police is not a commercial quantity as per the appendix to the N.D.P.S. Act. It is submitted that the petitioner is having a clean antecedent and he is languishing in custody since 18.11.2017 .

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge III-cum-Special Judge CBI-II, Patna in connection with Special Case No. 174 of 2017 arising out of Kadam Kuan P.S. Case No. 524 of 2017.

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