Munna Singh v. The Union Of India Through The Secretary Ministry Of Home, Narcotic Drugs Control Bureau, New Delhi

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15141 of 2023 Arising Out of PS. Case No.-366 Year-2022 Thana- BIKRAM District- Patna ====================================================== Munna Singh Son Of Late Janakdhari Singh R/O Village- Khoraitha, P.S.- Bikram, District- Patna ... ... Petitioner

Versus

1.

The Union Of India Through The Secretary Ministry Of Home, Narcotic Drugs Control Bureau, New Delhi Delhi 2.

The State Of Bihar Through The Department Of Narcotic Drugs Control Bureau, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

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

Mr.K.N.Singh (A.D.S.G) ====================================================== 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-8(c)/21(b) of the N.D.P.S. Act.

The prosecution case, in short, is that 15 gms of smack is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 20-08-2022. He has remained in custody for about eight months. The charge sheet has already been submitted in the present case. The trial is not likely to be concluded in near future. It is alleged that 15

Patna High Court CR. MISC. No.15141 of 2023(2) dt.01-05-2023 2/2 gms of smack is recovered from the bag of the petitioner. The same is below the commercial quantity. Hence, Section-37 is not applicable in the present case. There is no compliance of Sections- 42 & 50 of the 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 the Court below/concerned Court in connection with Bikram P.S. Case No. 366 of 2022.

(Sudhir Singh, J) A.K.V.//- U T