Hemant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18141 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== HEMANT KUMAR Son of Ravindra Kumar, Resident of F-4/183, Sultanpuri, P.S.- Sultanpuri, District - North West Delhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Tiwary For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-04-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Begusarai Nagar P.S. Case No. 02 of 2019 for the offences punishable under Sections 8/20(b) (II) (B)/22 N.D.P.S. Act, 1985.

The allegation is regarding recovery of 1.3 kg ganja from a vehicle in which the petitioner along with two other accused persons were sitting and upon the vehicle being intercepted by the police, the said persons were arrested. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 02.01.2019. It is lastly submitted that the quantity of ganja

Patna High Court CR. MISC. No.18141 of 2019(2) dt.02-04-2019 2/2 recovered is near to the small quantity and it cannot be regarded as commercial quantity under the schedule of NDPS Act, 1985. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, NDPS Act cum Sessions Judge, Begusarai in connection with Begusarai Nagar P.S. Case No. 02 of 2019. (Mohit Kumar Shah, J) Tiwary/- U T