Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34147 of 2019 Arising Out of P.S. Case No.-42 Year-2018 Thana- KOTHIGRAM District- Gaya ====================================================== 1.

PAPPU SINGH, aged about 26 years, male, Son of Darshan Singh Resident of Village - Sardulgarh, P.S.- Sardulgarh, Distt - Mansa 2.

Harpal Singh, aged about years, male, Son of Late Pritam Singh Resident of Village - Sardulgarh, P.S.- Sardulgarh, Distt - Mansa ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor.

The petitioners are in custody in connection with Kothi P.S. Case No.42 of 2018 registered for an offence under Sections 8/20(b)(ii)(c), 25 and 29 of the NDPS Act. It is alleged that there is recovery of 8.560 k.g. of Doda from the possession of petitioner no.1 and 8.280 k.g. of Doda from the possession of petitioner no.2.

It is submitted on behalf of the petitioners that nothing has been recovered from the conscious possession of the petitioners. Petitioners have got no criminal antecedent and they are in custody since 13.08.2018. He further submits that

Patna High Court CR. MISC. No.34147 of 2019(3) dt.28-08-2019 2/2 provision of Section 50 of the NDPS Act has not been complied with. It is further submitted that Doda is cover of opium fruit which is said to have been recovered. He further submits that under NDPS Act, 50 kg. of Doda is commercial quantity. In the view of the aforesaid facts, let the above named petitioners be released 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 learned Additional District & Sessions Judge-II-cum-Special Judge, NDPS Act, District-Gaya in connection with NDPS Case No.8 of 2018/28 of 2018 arising out of Kothi P.S.Case No.42 of 2018 with condition that petitioners shall fully cooperate in the trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioners.

(Prabhat Kumar Singh, J) B.Kr./- U T