Md. Alim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25317 of 2020 Arising Out of PS. Case No.-387 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== MD. ALIM ANSARI Son of Alauddin Ansari Resident of VillageGyashuddinpur, P.S.- Gaighat, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 414/34 of the Indian Penal Code and 20 and 22 of the N.D.P.S. Act.

The prosecution case in short is that 1 kg. ganja has been recovered in this case.

Patna High Court CR. MISC. No.25317 of 2020(2) dt.28-09-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 1.5.2020 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has been made accused due to mistake of fact. One kg. ganja is alleged to have been recovered. The same is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. 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, NDPS Act, Muzaffarpur in connection with Ahiyapur P.S. Case No. 387 of 2020. (Sudhir Singh, J) Pankaj/- U T