Case Facts:
Patna High Court Cr.Misc. No.28459 of 2012 (3) dt.28-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28459 of 2012 ====================================================== Mangal Ram .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 28.09.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 6.4.2011 in a case registered under [STATUTE] and 18, 20, 22 of the NDPS Act. Admittedly, present case has been lodged on the basis of written report of a private person and it is stated that 39 kgs ganja was recovered by the police from Bhushal of the petitioner. Para 4 of the case diary reveals that the aforesaid house is small thatched house situated near the field of the petitioner. So, it appears that the alleged recovery has been made from an open space. Moreover, neither the petitioner was caught at the spot nor anything has been recovered from his conscious possession. Furthermore, it appears that the petitioner does not have any criminal antecedent and there was some dispute between the petitioner and the informant of the present case who informed the police about alleged ganja. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Mangal Ram, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Ist Addl. Sessions Patna High Court Cr.Misc. No.28459 of 2012 (3) dt.28-09-2012 Judge, East Champaran, Motihari in NDPS case no. 121/2010 arising out of Govindganj P.S. Case no. 41/2010. Shahid (Hemant Kumar Srivastava,J)

Applicable IPC Section: 341

Statute Text:
Section 341 of the Indian Penal Code. Wrongfully restraining any person. Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.