Patna High CourtCR. MISC./30176/2019bail granted

Ashok Mahto v. The State Of Bihar

2019-09-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30176 of 2019 Arising Out of PS. Case No.-70 Year-2018 Thana- JURAWANPUR District- Vaishali ====================================================== ASHOK MAHTO Son of Shital Mahto Resident of Village - Chainpura @ Chandpura, P.S.- Raghopur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2019 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 8 and 20 of the N.D.P.S. Act. The prosecution case in short is that 6.238 kg ganja has been recovered in this case.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.8.2018 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. 6.238 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

Patna High Court CR. MISC. No.30176 of 2019(4) dt.20-09-2019 2/2 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, Vaishali at Hajipur in connection with Jurawanpur P.S. Case No. 70/2018.

(Sudhir Singh, J) Pankaj/- U T