IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.11258 of 2010
VINAY SINGH, S/o Sheo Nandan Singh.
Versus
THE STATE OF BIHAR
with
Cr.Misc. No.12939 of 2010
RAJU SINGH, S/o Jagropan Singh.
Versus
THE STATE OF BIHAR
with
Cr.Misc. No.22682 of 2010
RAUSHAN ALI @ MD. RAUSHAN ALI, S/o Late Haider Ali.
Versus
THE STATE OF BIHAR
with
Cr.Misc. No.13324 of 2010
1. MD.JAGU, S/o Late Dost Muhammad.
2. Md. Haqeek, S/o Gulam Rasul
Versus
THE STATE OF BIHAR
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06. 01.09.2010 By order dated 05.07.2010 the S.P. Aurangabad
has transmitted a report of the weight of contraband
articles recovered from the possession of the petitioners to
the APP which is kept on record.
Heard learned counsel for the petitioners, State
and the Union of India.
The petitioners seek bail in a case instituted for
the offences under Sections 20 and 22 of the N.D.P.S.
Act.
It has been submitted that the petitioners were
arrested only on suspicion and from the possession of the
petitioner, Raju Singh six packets of alleged smack and
ten packets ganja, petitioner, Md. Haqeek eight packets of
smack and fifteen packets of ganja, petitioner, Md. Jagu
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seven packets of smack and twenty packets of ganja,
petitioner, Raushan Ali six packets of smack and five
packets of ganja, petitioner, Vinay Singh five packets of
smack and twenty packets of ganja was recovered.
Unfortunately, in the First Information Report no
weight of the articles were mentioned and therefore this
Court by order dated 05.07.2010 directed the S.P. to
make an inquiry with regard to the same. Now it appears
that the articles have been weighed before the Judicial
Magistrate, 1st Class, Aurangabad and the total weight of
alleged thirty packets of smacks was 3.5 grams and
seventy three packets of ganja was 181 grams. The
petitioners seek bail on the basis of the weight of the
articles recovered which is much lesser than the
commercial quantity as also that they have no criminal
antecedents.
Considering the same, let the petitioners, above
named be released on bail on furnishing bail bonds of Rs.
5,000/- (Five Thousand) each with two sureties of the like
amount each or any other surety as fixed by the Court to
the satisfaction of District and Sessions Judge,
Aurangabad in connection with Aurangabad Nagar P.S.
Case No. 12 of 2010 subject to the following conditions:-
(i) That one of the bailors will be a close relative of the
petitioners who will give an affidavit giving genealogy as to
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how he is related with the petitioners and the other bailor
shall be the father/brother/wife of the petitioners. The
bailor will also undertake to inform the Court if there is
any change in the address of the petitioners. (ii) That the
affidavit shall clearly state that the petitioners are not an
accused in any other case and if they are they shall not be
released on bail. (iii) That the bailor shall also state on
affidavit that he will inform the court concerned if the
petitioners are implicated in any other case of similar
nature after their release in the present case and
thereafter the court below will be at liberty to initiate the
proceeding for cancellation of bail on the ground of
misuse. (iv) That the petitioners will be well represented
on each date and if they fail to do so on two consecutive
dates, their bail will be liable to be cancelled.
The S.P. Aurangabad is directed to take action
against the Investigating Officer for the lapse committed
by him in not weighing the alleged recovered articles
immediately.
(Anjana Prakash, J.)
Vikash/-