Patna High CourtCR. MISC./1436/2019allowed

Rajkishor Das v. The State Of Bihar And ANR

2019-02-07Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1436 of 2019 Arising Out of PS. Case No.-9 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== Rajkishor Das son of Sitaram Das, Resident of Village-Mahadeo Patti, P.SSedwa, District-Parsa (Nepal) ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Narcotics Control Bureau, Ministry of Home Affairs, Government of India, through the Intelligence Officer, Patna Zonal Unit, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-02-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with N.C.B.C.R. Case No. 09 of 2018 for the offence under section 8/20 of N.D.P.S. Act.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

Referring to the prosecution case, he submits that petitioner was apprehended alongwith 50 kg. of Ganja. Learned counsel for the petitioner submits that if the Ganja is divided in three parts, the quantity of Ganja attributed to this petitioner shall be less than commercial quantity and as

Patna High Court Cr.Misc. No.1436 of 2019(2) dt.07-02-2019 2/2 such petitioner deserves bail.

Learned counsel submits that petitioner is in custody since 17.2.2018.

Considering the fact that petitioner has remained in custody for nearly one year, having no criminal antecedent, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Bettiah, West Champaran, in connection with N.C.B.C.R. Case No. 09 of 2018.

(Anil Kumar Upadhyay, J) Ravi/- U T