Bhuneshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17857 of 2019 Arising Out of PS. Case No.-27 Year-2019 Thana- NARHATT District- Nawada ====================================================== BHUNESHWAR SINGH Son of Late Shiv Balak Singh Resident of Village - Rampur, P.S.- Narhat, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmi Kant Sharma For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Special (NDPS) Case No. 5 of 2019 arising out of Narhat P.S. Case No. 27 of 2019 for the offence under section 8(B)/20(a)(b) of the NDPS Act.

Learned counsel for the petitioner would submit that the allegation against this petitioner is that he was cultivating plant of ganja.

Learned counsel submits that in the instant case two prepared plant was seized in which two big flowers was found in the Aagan of the house of the petitioner. The two plants of ganja do not make a case of cultivating plant of ganja and in any view of the matter the seized flowers of ganja cannot be

Patna High Court CR. MISC. No.17857 of 2019(2) dt.26-03-2019 2/2 construed as commercial commodity.

Learned counsel further submits that petitioner is 75 years old and he is in custody since 14.2.2019. Considering the totality of the facts and circumstances discussed hereinabove, the court is inclined to grant bail to the petitioner, let the petitioner, named above, 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 learned Sessions Judge, Nawada, in connection with Special (NDPS) Case No. 05 of 2019, arising out of Narhat P.S. Case No. 27 of 2019.

(Anil Kumar Upadhyay, J) Ravi/- U T