Sukhlu Sao @ Sukhulu Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15400 of 2020 Arising Out of PS. Case No.-820 Year-2019 Thana- DANAPUR District- Patna ====================================================== SUKHLU SAO @ SUKHULU SAW (M), aged about 40 years, Son of Late Rajendra Sao, Resident of Mohalla-Jhakhri Mahadeo Gola Road, P.S.- Danapur, District-Patna.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Lovekush Kumar, Advocate.

For the Opposite Party :

Mr.Ram Sumiran Rai, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 8,20(b)(II), 22, 23 and 24 of the N.D.P.S. Act.

The prosecution story, in brief, is that on 22.10.2019 during course of checking of vehicle, the informant recovered 02 Kg., of Ganja from possession of the petitioner. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 23.10.2019. The petitioner has got no criminal antecedent. He has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of

Patna High Court CR. MISC. No.15400 of 2020(2) dt.03-03-2020 2/2 tampering with the witnesses alleged against the petitioner. 02 Kg., of of Ganja is said to have been recovered from possession of the petitioner. The same is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable 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, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-XXII, Patna, in connection with Spl. Case No. 143 of 2019, arising out of Danapur P.S. Case No. 820 of 2019.

(Sudhir Singh, J) U.K./- U T