Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35271 of 2021 Arising Out of PS. Case No.-16 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== 1.

Deepak Kumar Son of Ajay Prasad Yadav Resident of Village - Barahi Hasanpur, P.S. and District - Madhepura.

2.

Akhilesh Kumar Son of Bilath Rishideo Resident of Village - Barahi Hasanpur, P.S. and District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-12-2021 Heard both parties.

The petitioners seek bail in Singheshwar P.S. Case No. 16 of 2021 corresponding to NDPS Case No. 04 of 2021, registered for the offence punishable under Sections 20/22 and 27 of the NDPS Act.

As per the prosecution case, One KG of Ganja and and one mobile has been recovered from motorcycle of the petitioners.

It is submitted on behalf of the petitionerd that nothing has been recovered from conscious possession of petitioners. The recovered Ganja is less than commercial quantity, as such rigorous of Section 37 of the NDPS Act, would

Patna High Court CR. MISC. No.35271 of 2021(2) dt.08-12-2021 2/2 not be attracted. Mandatory provision of search and seizure has not been followed and petitioners are in custody since 25.01.2021. Chargesheet has already been submitted. Considering the period of custody and quantity of recovered Ganja, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, NDPS Act, Madhepura in connection with Singheshwar P.S. Case No. 16 of 2021 corresponding to NDPS Case No. 04 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T