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Patna High CourtCR. MISC./10983/2020allowed

Shyam Babu v. The State Of Bihar

2020-06-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10983 of 2020 Arising Out of PS. Case No.-97 Year-2019 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== 1.

SHYAM BABU Son of Bharat Sah Resident of Village- Kareshe Mohalla Ward No. 3, P.S.- Sikta, District- West Champaran. 2.

Rajan Sah S/o Late Radheshyam Sah Resident of Village- Shivganj Ward No. 7, P.S.- Narkatiaganj, District- West Champaran (Bettiah). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2020 Heard learned counsel for the petitioners and learned learned Additional Public Prosecutor for the State. The petitioners are in custody in connection with NDPS Case No. 07/2019 arising out of Kiul Rail GRP P.S. Case No. 97 of 2019 for the offenses under Section 20(b) (ii)_ (C ) , 22 (C ) NDPS Act, 1985.

Learned counsel for the petitioners would submit that petitioners have no criminal antecedent. The petitioners are in custody since 22.05.2019.

Learned counsel for the State has vehemently opposed the prayer on the ground that in this case 12 Kgs of Ganja was recovered from each petitioners.

Patna High Court CR. MISC. No.10983 of 2020(3) dt.05-06-2020 2/2 Considering the fact that the petitioners have no criminal antecedent, they have remained in custody for more than one year and the quantity of Ganja is not commercial, the Court is inclined to grant bail to the petitioners. Let the petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the 1st Additional District & Sessions Judge-cum- Special Judge, Lakhisarai in connection with NDPS Case No. 07/2019 arising out of Kiul Rail GRP P.S. Case No. 97 of 2019, subject to the condition that on release the petitioners shall render their services as volunteers for a period of two months to combat the pandemic of Covid-19 and as such the petitioners are required to report to the District Nodal Officer, Covid-19, Lakhisarai who shall utilize their services appropriately.

(Anil Kumar Upadhyay, J) spandey/- U T