Kanchan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11541 of 2020 Arising Out of PS. Case No.-358 Year-2019 Thana- MALSALAMI District- Patna ====================================================== KANCHAN KUMAR S/o - Sant Lal Ray R/o- Bundeltoli, Nawab Ganj, P.S. - Malsalami, Distt.- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nityanand Kumar For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== 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 registered under Sections 20/21/22 of the N.D.P.S. Act.
Allegation is that 21 kgs of ganja is recovered from the accused persons.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.09.2019 and has got no criminal antecedent. Charge sheet 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. The petitioner was not present at the time of recovery of ganja. It is alleged that 21 kgs of ganja is said to have been recovered from the tempo. The tempo in question
Patna High Court CR. MISC. No.11541 of 2020(2) dt.28-02-2020 2/2 does not belong to the petitioner. There is no compliance of Sections 42 and 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.
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 learned Additional Sessions Judge VII, Patna in connection with Malsalami P.S. case No.358 of 2019 (Special case No.117 of 2019). (Sudhir Singh, J) Narendra/- U T