Sanjay Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16777 of 2020 Arising Out of PS. Case No.-1408 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SANJAY KUMAR RAI Son of Ramadhar Rai Resident of Village - Chanpur, P.S.- Katra, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in short, is that 100 grams of charas is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.11.2019 and has got no criminal antecedent. Charge sheet has been submitted in this

Patna High Court CR. MISC. No.16777 of 2020(2) dt.02-06-2020 2/2 case. There is no allegation of tampering of witnesses against the petitioner. It is alleged that 100 grams of charas is recovered. Same is below the commercial quantity. Hence, Section 35 of the N.D.P.S. Act is not applicable in the present case. 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 facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of Sessions Judge, Muzaffarpur in connection with Ahiyapur P.S. case No.1408 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T