Madhav Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15385 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== MADHAV RAM S/O BALMIKI RAM RESIDENT OF VILLAGENARADPUR, WARD NO -4 P.S- BELDOUR, DISTRICT- KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh, Advocate For the Opposite Party/s :

Mrs.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 20, 21 and 22 of the N.D.P.S. Act.

The prosecution case, in short, is that 21.5 liters cough syrup and 150 gram ganja have been recovered in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.01.2023 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. The petitioner has falsely been implicated in the present case. It is alleged that 21.5 liters cough syrup and 150 gram ganja have been recovered. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.15385 of 2023(2) dt.01-05-2023 2/2 cough syrup does not come within the purview of N.D.P.S. Act. The recovered contraband 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. There is no chance of trial being concluded in near future.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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 the Court below/concerned Court in connection with N.D.P.S. Case No. 01/2023 arising out of S. Kamal P.S. case No. 03/2023. (Sudhir Singh, J) Pankaj/- U T