Upendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28053 of 2018 Arising Out of PS.Case No. -62 Year- 2018 Thana -NAUGACHIA District- BHAGALPUR ====================================================== Upendra Paswan S/o Late Tarni Paswan, R/o Vill.- Mushari Tola, Mumtaz Mohalla, P.S.- Naugachia, District- Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-05-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.
In this application the petitioner seeks bail in connection with Naugachia P.S. Case No. 62 of 2018 for the offences punishable under sections 20/22 of the N.D.P.S. Act, 1985.
Allegedly, from the tea shop of the petitioner 104 grams of ganja was recovered.
Submission is of false implication and that nothing has been recovered from conscious possession of the petitioner, without complying the mandatory provision the alleged seizure has been shown, the alleged seized quantity is in the category of small quantity for which only six months punishment
Patna High Court Cr.Misc. No.28053 of 2018 (3) dt.18-05-2018 2/2 is prescribed, the petitioner has got no criminal antecedent, he is in custody since 23.03.2018 and other co-accused Barun Kumar Sahu has already been allowed bail vide Cr. Misc. No. 27497 of 2018 by order dated 07.05.2018 by another co-ordinate Bench of this Court.
The learned A.P.P. fairly submits that the recovered ganja comes under the purview of small quantity. In the facts and circumstances stated above, the petitioner above named, 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 A.D.J-IVCum- Special Judge, Bhagalpur in connection with the aforementioned case, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) Abhay/- U T