IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.4377 of 2011
BIRJU RAI @ BIRAJ RAI Biray Rai
Versus
THE STATE OF BIHAR .
-----------
2 11/2/2011 The petitioner is in custody since 4.9.2010 in relation to
Athmalgola P.S.Case no.139 of 2010 under Section 20/22 of
N.D.P.S.Act.
It is stated that when the police raided the house of the
petitioner and arrested the petitioner, from his house 9 Kg. of Ganja
and two quintals of Bhang were recovered.
Mr. Sakil Ahmad Khan , learned Senior Counsel appearing
for the petitioner submits that the learned Sessions Judge while
disposing of the bail application committed error of law inasmuch as he
has noted that quantity of Ganja is a commercial. It appears from the
Schedule of N.D.P.S. that commercial quantity of Ganja is above 25
Kgs.
Be that as it may, considering the period of detention of the
petitioner, the above named petitioner shall 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 learned Additional Sessions
Judge,XI, Patna, in Athmalgola P.S.Case no.139 of 2010 (Special Case
no. 32 of 2010). One of the bailors must be the brothr-in-law,namely,
Ram Kumar.
singh (Navaniti Prasad Singh,J)