Nasiruddin Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1917 of 2020 Arising Out of PS. Case No.-44 Year-2019 Thana- BHANGHA District- West Champaran ====================================================== NASIRUDDIN MIAN Son of Mobarak Mian Resident of Village - Dhobaha, P.S.- Shikarpur, Distt - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-06-2020 Heard learned counsel for the parties.

This application for regular bail arises in N.D.P.S Case No. 34 of 2019 arising out of Bhangaha P.S. Case No. 44 of 2019, disclosing offences punishable under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act (For short, The Act).

The petitioner is in custody since 08.09.2019. It is alleged that the petitioner was apprehended on suspicion by police, when he was riding a motorcycle and from his possession 3 kg of Ganja has been recovered from beneath the dickey of the motorcycle.

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner has no criminal history and the

Patna High Court CR. MISC. No.1917 of 2020(5) dt.19-06-2020 2/2 seizure of the articles from the petitioner's possession has been made by the S.S.B. Officials, without following due procedure. Considering the quantity of Ganja, said to have been recovered from the petitioner's possession, the period during which he has remained in custody and the fact that he has no criminal antecedent, this application is allowed. Let the petitioner above named 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 the learned Sessions Judge, West Champaran, Bettiah in connection with N.D.P.S Case No. 34 of 2019 arising out of Bhangaha P.S. Case No. 44 of 2019.

(Chakradhari Sharan Singh, J) AKASH/- U T