Petitioner in custody sought bail for alleged recovery of 6 Kg ganja. Court released him on bail with ₹10,000 bond and two sureties, requiring physical presence in trial.
Petitioner released on bail upon furnishing bond of Rs. 10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27869 of 2018
Arising Out of PS. Case No.-12 Year-2018 Thana- BELCHAR District- West Champaran
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Devnandan Mahto, Son of Late Bhola Mahto, Resident of Village-Chotka Dhankurwa, P.S.-Balthar, District-West Champaran (Bettiah).
... ... Petitioner/s
Versus
The State of Bihar
| =================== | ================= | ... ... Opposite Party/s ================== |
|---|---|---|
| Appearance : | ||
| For the Petitioner/s : |
Mr. Anuj Kumar | |
| For the Opposite Party/s : =================== |
Smt. Reena Sinha ================= |
================== |
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL ORDER
The petitioner, already in custody, seeks bail in connection with Balthar P.S.Case No. 12 of 2018 registered under Sections 20, 22, 23 and 25 of the N.D.P.S. Act.
Allegation in brief is that 6 Kg contraband ganja was recovered from the cow shed of the petitioner.
Submission is that cow shed is not close and it is easily accessible by anyone and recovery is only 6 Kg which is less than commercial quantity and the petitioner has no any criminal antecedent of similar nature except only one case under Section 307 IPC in which he is on bail and petitioner is in custody for last three months.
Having considered the aforesaid facts and circumstances, the petitioner, namely, Devnandan Mahto, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with
Patna High Court Cr.Misc. No.27869 of 2018(2) dt.08-05-2018 2/2
two sureties of the like amount each to the satisfaction of the learned Sessions Judge, West Champaran, Bettiah in connection with Balthar P.S. Case No. 12 of 2018 with condition that one of the bailor must be his close family member. Petitioner shall remain physically present on each and every date during trial and in case of failure on two consecutive dates without any reasonable cause, his bail bond shall be liable to be cancelled.
(Arun Kumar, J)
sujit/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in connection with recovery of contraband ganja being less than commercial quantity.
1 provisions across 1 enactments
Devnandan Mahto
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
