Subhash Kumar @ Shubham Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11966 of 2022 Arising Out of PS. Case No.-431 Year-2021 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Subhash Kumar @ Shubham Upadhyay Son of Sri Krishna Upadhyay Resident of Village - Rampur Bheriyahi, P.S.- Kathaiya, Distt.- Muzaffarpur, A/P in front of Anuradha Market, Petrol Pump, P.S.- Sadar, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2022 Heard both parties.

The petitioner seeks bail in Sadar P.S. Case No. 431 of 2021 corresponding to NDPS Case No. 77 of 2021, registered for the offence punishable under Section 21(B) of the Narcotic Drugs and Psychotropic Substances Act.

As per the prosecution case, 3.320 Grams. of Smack has been recovered from possession of this petitioner. It is submitted on behalf of the petitioner that nothing has been recovered from conscious possession of this petitioner. The recovered narcotic substance is less than small quantity, as such rigorous of Section 37 of the NDPS Act, would not be attracted. Mandatory provision of search and seizure has not

Patna High Court CR. MISC. No.11966 of 2022(2) dt.09-05-2022 2/2 been followed and petitioner is in custody since 28.06.2021. Investigation is complete.

Considering the period of custody and the fact that recovered narcotic substance is less than small quantity, the petitioner above-named, is directed to be enlarged 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 2nd Additional Sessions Judge, Muzaffarpur in connection with Sadar P.S. Case No. 431 of 2021 corresponding to NDPS Case No. 77 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T