Patna High CourtCR. MISC./19735/2019bail granted

Md. Shammi Ahmad @ Md. Sami Ahmad v. The State Of Bihar

2019-04-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19735 of 2019 Arising Out of PS. Case No.-754 Year-2018 Thana- KADAMKUAN District- Patna ====================================================== MD. SHAMMI AHMAD @ MD. SAMI AHMAD S/o Late Wasi Ahmad, Resident of Village-Bakarganj, P.S-Pirbahore, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2019 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 NDPS Act.

Allegedly, 10 gms of smack, two Samsung mobiles and Cash Rs. 1010/- were recovered from the pocket of the petitioner.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 12-12-2018. The petitioner has been falsely implicated in the present case. Ten gms of smack is alleged to have been recovered. The commercial quantity is said to be 250 gms. The recovered smack is below the commercial quantity. Section 37 of the

Patna High Court CR. MISC. No.19735 of 2019(3) dt.25-04-2019 2/2 NDPS Act is not applicable in the present case. There is no compliance of Sections 42 & 50 of NDPS Act.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, 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 Special Judge-Sessions Judge, Patna in connection with Special Case No. 140 of 2018 arising out of Kadamkuan P.S. Case No. 754 of 2018.

(Sudhir Singh, J) A.K.V.//- U T