Patna High CourtCR. MISC./11524/2020bail granted

Binod Das v. The State Of Bihar

2020-02-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11524 of 2020 Arising Out of PS. Case No.-158 Year-2019 Thana- PHULWARIA District- Begusarai ====================================================== BINOD DAS S/o Harilal Das R/o village- Phulwaria- 01, Ward No. 03, Dargah Road, P.S.- Phulwaria, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 8, 20(b)(ii)(B) of N.D.P.S. Act. Prosecution case, in short, is that 800 gram opium is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.11.2019 and has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 800 gram opium is recovered. Same is below the commercial quantity. Hence, Section 37 of the N.S.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and

Patna High Court CR. MISC. No.11524 of 2020(2) dt.28-02-2020 2/2 50 of N.D.P.S. Act.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, it is directed that 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 learned District and Sessions Judge, Begusarai in connection with N.D.P.S. case No.31 of 2019 arising out of Phulwaria P.S. case No.158 of 2019.

(Sudhir Singh, J) Narendra/- U T