Patna High CourtCR. MISC./21289/2019bail granted

Md. Ansar Alam @ Md. Ansar v. The State Of Bihar

2019-04-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21289 of 2019 Arising Out of PS. Case No.-74 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== MD. ANSAR ALAM @ MD. ANSAR Son of Mohmaddin Resident of Chakla Ghat, P.S.- Kishanganj, District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks 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 total 5 kg 780 gram ganja has been recovered in this case.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 9.2.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. 90 gram ganja is alleged to have been recovered from the possession of the petitioner while 5 kg 690 gram has been recovered from the possession of co-accused Md. Khalil as per seizure list. The

Patna High Court CR. MISC. No.21289 of 2019(2) dt.16-04-2019 2/2 recovery from the possession of the petitioner 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 petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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-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 of 2019.

(Sudhir Singh, J) Pankaj/- U T