Md. Khalil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19357 of 2019 Arising Out of PS. Case No.-74 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== 1.

MD. KHALIL Son of Late Md. Asif Resident of Khagra Karbala, P.S. and District - Kishanganj.

2.

Md. Abid Son of Md. Khalil Resident of Khagra Karbala, P.S. and District - Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Sinha For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Section 20(1-b) of the N.D.P.S. Act. The prosecution case in short is that 5.690 kg ganja has been recovered in this case.

It has been submitted on behalf of the petitioners that the petitioner is in custody since 9.2.2019 and petitioner no. 2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Chargesheet has been submitted in the present case. The petitioners have falsely been implicated in the present case. 5.690 kg

Patna High Court CR. MISC. No.19357 of 2019(2) dt.16-04-2019 2/2 ganja is alleged to have been recovered. The same is below the commercial quantity. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners, 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 Sessions Judge-cum- Special Judge, N.D.P.S. Act, Kishanganj in connection with Special Case No. 7/2019 arising out of Kishanganj P.S. Case No. 74/2019.

(Sudhir Singh, J) Pankaj/- U T