Saidur Rahman@ Md Saidur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18125 of 2021 Arising Out of PS. Case No.-246 Year-2020 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Saidur Rahman@ Md Saidur Rahman Son Of Lal Mohammad Resident Of Village- Vidhayak Tola Sisona, Ward No 14, P.S- Jokihat, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 8, 20(b) (ii)B, 22, 23 and 29 of the N.D.P.S. Act.

The prosecution allegation, in short, is that 8.560 kg ganja is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake

Patna High Court CR. MISC. No.18125 of 2021(2) dt.09-12-2021 2/2 of fact. 8.560 kg. ganja is recovered from the possession of coaccused. The same is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. Except for this, there is no other substantive evidence to suggest his implication in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge-cumSpecial Court (N.D.P.S.) Act, Kishanganj in connection with Kochadhaman P.S. Case No. 246 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T