Pandav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21263 of 2022 Arising Out of PS. Case No.-51 Year-2021 Thana- KHAGARIA RAIL P.S. District- Khagaria ====================================================== PANDAV KUMAR S/o Late Yogendra Ram R/o village- Lauva Lagan, Ward No. 04, P.S.- Chausa, Distt.- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saroj Shandilya, Advocate For the Opposite Party/s :
Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State, through Virtual Court Proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Khagaria Rail P.S. Case No. 51 of 2021 registered for the offence under Section 20(b)(ii)(B) of N.D.P.S. Act, 1985.
The accused/petitioner is named in the F.I.R. and is in custody since 20.12.2021.
The allegation against the petitioner is to have in possession of contraband i.e. Ganja of 1.70 kg. Learned counsel appearing on behalf of the petitioner submitted that alleged bag from where the contraband was
Patna High Court CR. MISC. No.21263 of 2022(2) dt.26-08-2022 2/3 2022 recovered in no manner connected with the petitioner, as such recovery of alleged contraband i.e. Ganja cannot be said to be recovered from conscious physical possession of the petitioner. It is also submitted that the compliance of Section 50 of NDPS Act as regard to search upon person has not been done, in the present case. It is also submitted that recovered quantity is less than commercial quantity, as such, Section 37 of the NDPS Act is not applicable in this case. It is also submitted that petitioner is a man of clean antecedent. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, fairly conceded the fact that recovery of contraband i.e. "Ganja" is less than commercial quantity.
Considering the facts and circumstances as mentioned above, as compliance of Section 50 of NDPS Act appears to be doubtful in the present case, where recovery of "Ganja" is less than commercial quantity coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Khagaria Rail P.S. Case No. 51 of 2021 on furnishing bail bond
Patna High Court CR. MISC. No.21263 of 2022(2) dt.26-08-2022 3/3 2022 of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-Vth, Khagaria/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T