Patna High CourtCR. MISC./27755/2020bail granted

Devendra Kumar v. The State Of Bihar

2020-10-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27755 of 2020 Arising Out of PS. Case No.-176 Year-2020 Thana- HAJIPUR District- Vaishali ====================================================== Devendra Kumar Son of Sri Ram Lal Bhagat R/v - Daudnagar, P.S.- Bidupur, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha, Adv.

For the Opposite Party/s :

A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-10-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for regular bail has been filed by the petitioner in connection with Hajipur Town P.S. Case No.176 of 2020 registered under sections 20(b)(ii)(B) and 22 of the NDPS Act.

As per allegation in the FIR, 5 kg. of ganja was recovered from the possession of the petitioner and he was taken into custody.

It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place from either the person or possession of the petitioner and he has been falsely implicated in the case. There has been violation of section 50 of the NDPS Act as also section 100 of the Cr.P.C. It is further

Patna High Court CR. MISC. No.27755 of 2020(2) dt.20-10-2020 2/2 submitted that the petitioner has no criminal antecedent and is in custody since19.2.2020.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner is in custody since 19.2.2020 and has no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Hajipur Town P.S. Case No.176 of 2020 on his furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Hajiur at Vaishali.

(Partha Sarthy, J) Bibhash/- U T