Bachha Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31366 of 2018 Arising Out of P.S.Case No. -72 Year- 2017 Thana -MANPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Bachha Sah S/o Late Lakshmi Sah, R/o Vill.- Repani, P.S.- Lauriya, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner is in custody in connection with Manpur P.S.Case No.72 of 2017 registered for an offence under Sections 20(C), 22 and 23 of the NDPS Act.

The petitioner was apprehended by the informant and from his possession 1 K.G 100 ganja was recovered. It has been submitted that nothing has been recovered from the possession of the petitioner. The petitioner had gone at the place of his relative in Nepal and while returning, he was apprehended by informant merely on suspicion. The alleged recovery of 1 K.G 100 grams is slightly excess to the small quantity for which remained in custody for more than seven

Patna High Court Cr.Misc. No.31366 of 2018 (3) dt.09-07-2018 2/2 months.

The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for bail is allowed. Let the above named petitioner 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 District & Sessions Judge, Bettiah, West Champaran in connection with Manpur P.S. Case No.72 of 2017 with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T