Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20790 of 2020 Arising Out of PS. Case No.-1408 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Sanjay Kumar S/o Jaga Sah R/o Village- Basauli Nankar, P.S.- Boachha, District- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

M/s. Kumari Sujata Sinha, Adv.

For the State :

Mr. Md. Fahimuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-10-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks bail in a case registered for the offences punishable under Sections 20, 22 of the N.D.P.S. Act. 100 gram charas is said to have been recovered from possession of the petitioner.

Submission on behalf of the petitioner is that above stated quantity of charas comes under the category of small quantity and moreover, having similar allegation, co-accused, Md. Moti, Santosh Kumar and Sanjeev Kumar have already been granted bail by different Benches of this court. Learned Additional Public Prosecutor Md.

Patna High Court CR. MISC. No.20790 of 2020(4) dt.14-10-2020 2/2 Fahimuddin appearing for the State concedes this fact that small quantity of charas is 100 gram but Section 37 of N.D.P.S. Act prohibits the court to grant bail to an accused of N.D.P.S. Act. Perusal of para 3 of the petition goes to show that petitioner does not have any criminal antecedent and the aforesaid fact also reflects that petitioner was never indulged in such kind of activities prior to institution of the present case nor there is nothing on record to show that release of the petitioner would bring him into activities of offences of N.D.P.S. Act. Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 learned Sessions Judge, Muzaffarpur in connection with Ahiyapur P.S. Case No. 1408 of 2019. (Hemant Kumar Srivastava, J) shahzad/- U T